Tag: Polish Constitutional Court
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How we can detect illiberal constitutional courts and why we should be alarmed – Hungarian and Polish examples
—Tímea Drinóczi, Visiting Professor, Federal University of Minas Gerais, Brazil; Professor at the University of Pécs. In the last couple of years, formerly well-respected liberal constitutional courts have been transformed into illiberal constitutional courts. We should learn lessons from Poland and Hungary, especially in Europe.
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Polexit is Coming or is it Already Here? Comments on the Judicial Independence Decisions of the Polish Constitutional Tribunal
—Agnieszka Bień-Kacała, Nicolaus Copernicus University The COVID-19 crisis changed the dynamics of the deterioration of Polish constitutionalism; it has relocated and refocused legal arguments to an extent that could lead us to Polexit. The argument based on the sovereignty of Poland is no longer considered as a mere electoral campaign tool, but has now become…
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ICON Book Review: Piotr Mikuli on Wojciech Sadurski’s “Poland’s Constitutional Breakdown”
[Editor’s Note: This book review by Piotr Mikuli of Wojciech Sadurski’s new book, Poland’s Constitutional Breakdown, is forthcoming in the next issue of ICON.] Wojciech Sadurski. Poland’s Constitutional Breakdown. Oxford University Press, 2019. Pp. 304. ISBN 978-0198840503 The book’s title refers to the expression “constitutional breakdown”, which seems to reflect the author’s profound thoughts regarding…
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Constitutional Fidelity and the Polish Constitution
–Tomasz Tadeusz Koncewicz, University of Gdańsk, 2017-18 LAPA Fellow, Princeton University, currently Visiting Professor, Radzyner Law School, IDC Herzliya Tread softly because you tread on my dreams –W.B. Yeats, The Cloths of Heaven Recent weeks have seen the biggest mass protests in Poland since 1989.
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An Explicit Constitutional Change by Means of an Ordinary Statute? On a Bill Concerning the Reform of the National Council of the Judiciary in Poland
–Piotr Mikuli, Professor and head of Chair of Comparative Constitutional Law, Jagiellonian University Towards the end of January 2017, the Polish Ministry of Justice introduced a bill reforming the current legal status of the National Council of the Judiciary. If passed as proposed, the bill would seriously undermine the independence of the judiciary in Poland.
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Of Constitutional Defiance, Migration and Borrowing of Unconstitutional Tactics and European Resistance
—Tomasz Tadeusz Koncewicz, University of Gdansk Constitutional Defiance The tempo of the attack against democracy in Poland is relentless. On 22 July 2016 the Polish Parliament passed the Law on the Polish Constitutional Court and confirmed that the parliamentary majority lead by Law and Justice party (PiS) is not holding back.
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What Makes Kaczyński Tick?
[Editor’s Note: This commentary first appeared in German under the title “Polens Direktor” in der Spiegel, no. 3/2016, pp. 88-89. It is reprinted with permission from the author.] —Wojciech Sadurski, Challis Professor of Jurisprudence, University of Sydney; Professor, Centre for Europe, University of Warsaw Without a doubt, Jarosław Kaczyński is not just paramount but also an absolute political…
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Polish Constitutional Drama: Of Courts, Democracy, Constitutional Shenanigans and Constitutional Self-Defense
—Tomasz Tadeusz Koncewicz, Professor of Law and Director of the Department of European and Comparative Law at the University of Gdańsk, Poland; 2015 – 2016 Fulbright Visiting Professor at University of California Berkeley Law School* The Polish general elections of October 26, 2015, completely reshaped the political scene, bringing back to power the right-wing conservative party Prawo…