Results 1 to 10 of about 408 (121)
The Polish Constitutional Court from an Attitudinal and Institutional Perspective Before and After the Constitutional Crisis of 2015–2016 [PDF]
Wroclaw Review of Law, Administration and Economics, 2016 The term "judicial behaviour" refers to what judges do as judges. The scholarship on higher courts has depicted three ideal types of judicial behaviour: legal, attitudinal, and strategic. Most judges see their own behaviour within the framework of the legal model.
Kobyliński Konrad
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Antagonistic understandings of sovereignty in the 2015 Polish constitutional crisis
Comparative European Politics, 2022 Since the 2015 parliamentary elections in Poland, the government led by the Law and Justice party (PiS) has sought to win two interwoven battles: the restoration of ‘a strong state’ internally and ‘regaining sovereignty’ in the country’s relationship with the EU.
Ramona Coman, Coman Ramona
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Polish Constitutional Order: Between Consolidation and Crisis [PDF]
Przegląd Prawa Konstytucyjnego, 2020 The article concerns the dilemmas of building Polish constitutional identity after 1989. The hypothesis assumes that after the initial twenty years of consolidation and Europeanization of constitutional democracy, there was an attempt at undermining the adopted political order. The policy of the ruling camp after 2015 is a striking proof of this crisis.
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Polish Law Review, 2016 Courts that owe their existence to democratic institutional choice must act prudently, or the choice may be withdrawn” and the Polish Constitutional Tribunal is no exception. On balance, its jurisprudence of 30 years respected the choices made by the principal or, using M.
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Political Process, Crisis and Legitimacy in Poland [PDF]
Polish Political Science Yearbook, 2020 The paper examines the conflict over the control of the integration of Poland’s Constitutional Tribunal (CT) that evolved into a constitutional crisis in October 2015 - and has extended for more than two years.
Hector Calleros
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A DISCOURSE ANALYSIS OF NEWS MEDIA ARTICLES ON THE POLISH ‘RULE OF LAW CRISIS’
Comparative Legilinguistics, 2020 The article identifies the discursive characteristics of news media texts covering Poland’s ‘constitutional crisis’. Following the conception of discourse presented in Laclau and Mouffe (1985), i.e.
Stephen Dersley
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Judicial Change to the Law-in-Action of Constitutional Review of Statutes in Poland
Utrecht Law Review, 2022 One of the unexpected effects of the constitutional crisis in Poland that began at the turn of 2015 is the expansion of diffuse constitutional review of statutes.
Piotr Radziewicz
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James Bradley Thayer i problem „niekonstytucyjności ponad wszelką wątpliwość”
Przegląd Konstytucyjny, 2023 James Bardley Thayer and the Problem of „Unconstitutionality Beyond Reasonable Doubt” The main purpose of this paper is the presentation of Harvard Law School scholar James Bradley Thayer and his ...
Jerzy Zajadło
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Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2023 ‘Legitimacy’, ‘reputation’ or ‘institutional trust’ inspired by judicial institutions constitutes an important aspect of the rule of law. Consequently, scholars developed survey-based methods to quantify ‘legitimacy’ as understood in the Weberian sense.
Kamil Joński, Wojciech Rogowski
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SSRN Electronic Journal, 2023 The paper intends to explore the roots of Polish ‘constitutional crisis’ by utilising the concept of constitutional drift. The paper argues that while Polish 1997 Constitution contains provisions that would enable for interpreting it by using the lenses of Sciulli’s societal constitutionalism (which we call the ‘societal imaginary’), such opportunity ...
Muszyński, Karol, Skuczynski, Pawel
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