Rule Of Law

    • On Cockroaches and the Rule of Law

      As I awoke one morning from uneasy dreams I found myself transformed in my bed into a gigantic insect. Like Gregor Samsa in Kafka’s Metamorphosis, I had mutated into an enormous and abominable cockroach with no prior warning. It just happened. As I woke up, I could feel how my new legs and antennae moved with sinuous speed. Then I knew what I really had become.

      Verfassungsblog- 51 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

    … and then married his widow. As king, David had the right to order Uriah to take part in the battle, but he did so to achieve his own ends, not to defend the country. Marshalling the law to one’s own ends Abuse of law is a recurring element of Poland’s rule of law crisis. It enabled the authorities to take control of the Constitutional Tribunal (CT) when…

    Verfassungsblog- 41 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…

    Verfassungsblog- 32 Leser -

  • The Turkish Constitutional Court under the Amended Turkish Constitution

    … situates the state of emergency outside the scope of the State under the rule of law. In four landmark decisions in the 1990s and 2003 the TCC established various limiting criteria emergency decrees have to fulfill. It reasoned that if these criteria are not met, the decrees are ordinary decrees and could be subject of constitutional review. In its…

    Verfassungsblog- 67 Leser -
  • Money Makes the Court Go Round: The Russian Constitutional Court’s Yukos Judgment

    … the Convention as interpreted by the ECtHR on the one hand and the Russian Constitution on the other, the latter should prevail and the respective ECtHR judgment could not be executed because it would violate the supreme law of the land. The RCC granted itself the powers to determine whether such conflict exists and whether it is possible to execute…

    Verfassungsblog- 47 Leser -
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