Rule Of Law

    • „A Good Constitution” and the Habits of Heart

      2018: Saving the Constitution or Writing an obituary for it ? While democracy tells the story how to gain political power and implement the political agenda, constitutionalism puts premium on learning how to govern in the culture of limited government, restraint and responsibility for the common good. 2017 has been a tumultuous year, to say the least, for Poland.

      Verfassungsblog- 59 Leser -
  • Bialowieza Forest, the Spruce Bark Beetle and the EU Law Controversy in Poland

    … tried with the final Court decision expected in December 2017. Nevertheless, the Polish minister of the environment Jan Szyszko said on 31 July that the Polish government will ignore the ruling and that the logging will continue in tune with the “protective measures” for the forest, since the Bialowieza Forest seems to be under attack from the Spruce…

    Verfassungsblog- 61 Leser -
  • On Cockroaches and the Rule of Law

    … has not only imposed home rule in Catalonia, it has also jailed the former leaders of the Catalan government. Franco is back. Spain is not a country subject to the rule of law. Spain has political prisoners. Spain joins the ranks of Venezuela, Turkey and Zimbabwe. Spain is a democratic anomaly in the very heart of the European Union. Thus, I…

    Verfassungsblog- 55 Leser -


  • One Law, Two Justices

    … Poland’s prolonged rule of law crisis goes beyond the political and legal to the psychological. Those who believe in the value of respect for the law, the inviolability of the constitution and the independence of the courts have seen the things they believe in ruthlessly destroyed. They are likely to be experiencing a psychological trauma…

    Verfassungsblog- 47 Leser -
  • Defenceless Formalists: on Abuse of Law and the Weakness of the Polish Judiciary

    … authority has been acting with the illicit ulterior motive of curtailing the independence of the judiciary. The Marshal of the Sejm allowed a total of six grossly unconstitutional bills on the Constitutional Tribunal to be put before it, and three equally unconstitutional bills on common courts. Julia Przyłębska allowed so-called anti-judges…

    Verfassungsblog- 42 Leser -
  • A Stress Test for Europe’s Judiciaries

    … The rule of law, judicial independence and separation of powers are values guaranteed in constitutions of member states of the Council of Europe. Nevertheless, in recent years, a number of challenges to these accepted values have emerged in different countries all over Europe. Events in countries like Hungary, Ukraine, Slovakia and Turkey should…

    Verfassungsblog- 86 Leser -
  • Is Poland’s President Duda on the Road to Damascus?

    … Polish President Duda’s veto of the government’s bills on the judiciary caught both the governing party and the opposition by surprise, and can indeed be seen as something of a miracle. The President’s consistent support for all of PiS’s previous assaults on the rule of law in Poland had not given much hope for his conversion, yet he found…

    Verfassungsblog- 96 Leser -
  • For Central Europe’s Illiberal Democracies, the Worst is yet to Come

    … and a violation of the rule of law. Practically since the day of the party’s all-out parliamentary victory in October 2015, Jaroslaw Kaczynski, the PiS chairman and de facto the country’s highest authority, has declared a crusade against Polish courts and judges. Labelling them a caste, a clique held together by a network of close-knit, corrupted…

    Verfassungsblog- 88 Leser -


  • An Eye for an Eye: Law as an Instrument of Revenge in Poland

    … In contemporary societies, the law may serve different functions: a channel for public discourse, a tool for co-ordination, or indeed an instrument of coercion. In contemporary Poland, constitutional law has recently acquired a novel function – an instrument of revenge. Those following Polish affairs will already have spotted a strange symmetry…

    Verfassungsblog- 32 Leser -
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