PRACA POGLĄDOWA
Abusive constitutionalism in Poland - on the self-delegitimisation of the judiciary
 
Więcej
Ukryj
1
University of Warsaw, Poland
 
 
Data nadesłania: 22-07-2024
 
 
Data akceptacji: 16-10-2024
 
 
Data publikacji: 16-10-2024
 
 
Autor do korespondencji
Kamil Zaradkiewicz   

University of Warsaw, Poland
 
 
JoMS 2024;59(Numer specjalny 5):265-299
 
SŁOWA KLUCZOWE
DZIEDZINY
STRESZCZENIE
The concept of abusive constitutionalism became widespread in legal scholarship after David Landau's famous publication. The author defines abusive constitutionalism as "the use of constitutional amendment mechanisms to make a state significantly less democratic than it was before" . He refers to actions that make a particular regime "significantly less democratic" . The result, he points out, is to move away from democracy . He pointed to 2013 as examples of this trend - Honduras, Venezuela or Hungary. "De-democratisation" of constitutional mechanisms is also, in my view, relevant from the perspective of the Polish experience, though viewed differently than usually presented in the political debates. It turns out that democratic mechanisms and their implementation are undermined by those judiciary representatives who, simultaneuosly, accuse the authorities introducing solutions in line with democratic principles of violating the rule of law.
Licencja
eISSN:2391-789X
ISSN:1734-2031
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