Tag: Law and Justice Party
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.
The Polish Revolution: 2015-2017
—Anna Sledzinska-Simon, University of Wroclaw Today’s revolutions do not need violence to bring about a deep change of political structures. Instead, they may occur by a gradual overtake of all public powers, including the judiciary, by the winning majority. The Polish Revolution did not happen overnight, but through a series of acts taking place under the cover of the night–like the President signing the critical amendments to the Act on the Constitutional Tribunal shortly before midnight, or taking the oath of office after midnight from unlawfully appointed judges.
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.
On the Looming Split in the Polish Constitutional Order: Harris v Dönges in Central Europe?
—Mikołaj Barczentewicz, University College, University of Oxford As has been widely reported (see, e.g., here), the Polish Constitutional Tribunal is now headed and effectively controlled by the judges appointed in a controversial manner by the Law and Justice (Prawo i Sprawiedliwość, PiS) party.
Attacks on Courts: Taking Wider Lessons from Recent Irish Supreme Court Revelations
—Tom Gerald Daly, Associate Director, Edinburgh Centre for Constitutional Law The past week has seen the launch of an unprecedented book detailing the inner workings of the Supreme Court of Ireland, which provides potentially useful general insights into how courts deal with political attacks.
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.