Poland's Constitutional Breakdown: An Oxford Comparative Constitutionalism Perspective

Poland's Constitutional Breakdown (Oxford Comparative Constitutionalism)

by Wojciech Sadurski

5 out of 5

Language	:	English
File size	:	1307 KB
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Enhanced typesetting	:	Enabled
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Print length	:	303 pages
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The constitutional breakdown in Poland has been one of the most significant developments in European politics in recent years. Since the Law and Justice (PiS) party came to power in 2015, it has implemented a series of reforms to the country's constitutional system that have raised serious concerns about the rule of law. These reforms include:

* The appointment of judges to the Constitutional Tribunal who are loyal to the government. * The passage of laws that give the government control over the judiciary and the media. * The intimidation and harassment of opposition politicians and civil society activists.

These reforms have led to a significant deterioration in the rule of law in Poland. The Constitutional Tribunal is no longer able to act as an independent check on the government's power, and the media and civil society are no longer free to criticize the government without fear of reprisal.

The constitutional breakdown in Poland is a serious threat to the rule of law and democracy in Europe. It is a reminder that the rule of law is not something that can be taken for granted, and that it must be constantly defended.

The Oxford Comparative Constitutionalism Perspective

The Oxford Comparative Constitutionalism (OCC) perspective is a comparative approach to constitutional law that seeks to understand the different ways in which constitutions are structured and function in different countries. The OCC perspective is based on the idea that there is no single "correct" way to design a constitution, and that the best constitution for a particular country will depend on its unique history, culture, and political system.

The OCC perspective has been used to study a wide range of constitutional issues, including the role of the judiciary, the relationship between the executive and legislative branches of government, and the protection of human rights. The OCC perspective has also been used to study the constitutional breakdown in Poland.

The OCC perspective provides a number of insights into the constitutional breakdown in Poland. First, the OCC perspective highlights the importance of the rule of law. The rule of law is a fundamental principle of constitutionalism, and it requires that all citizens are subject to the same laws and that no one is above the law. The rule of law is essential for the protection of human rights and for the functioning of a democracy.

Second, the OCC perspective highlights the importance of judicial independence. Judicial independence is essential for the rule of law, as it ensures that the courts are able to make decisions without fear of political interference. The appointment of judges who are loyal to the government is a serious threat to judicial independence, and it undermines the rule of law.

Third, the OCC perspective highlights the importance of freedom of expression. Freedom of expression is essential for a democracy, as it allows citizens to express their opinions and to hold their government accountable. The intimidation and harassment of opposition politicians and civil society activists is a serious threat to freedom of expression, and it undermines democracy.

The constitutional breakdown in Poland is a serious threat to the rule of law and democracy in Europe. The OCC perspective provides a number of insights into the breakdown, and it highlights the importance of the rule of law, judicial independence, and freedom of expression. The OCC perspective can help us to understand the challenges facing Poland, and it can help us to develop strategies to defend the rule of law and democracy in Europe.

Poland's Constitutional Breakdown (Oxford Comparative Constitutionalism)

by Wojciech Sadurski

5 out of 5

Language	:	English
File size	:	1307 KB
Text-to-Speech	:	Enabled
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	303 pages
Lending	:	Enabled
Screen Reader	:	Supported

FREE