Obywatelskie nieposłuszeństwo jako gwarancja praw podmiotowych

Abstract

The article provides an insight into the notion of civil disobedience and its constituents. The subject is presented with the significance of civil disobedience as a means of protecting the subjective rights in mind. In the context o f opposing theoretical and legal paradigms: legal positivism and the natural law, an analysis of the legality o f civil disobedience as a means for protection of rights stemming from these laws is conducted. Subsequently, having accounted for the views o f Gustav Radbruch and Ronald Dworkin, a compromise view providing a solution to the paradox of protecting the legal system by its infringement in an act of civil disobedience, is outlined.