Reversed Rule of Law in the Creation, Interpretation and Application of Law in Poland: Methods and Consequences
Synopsis
The volume offers a comparative constitutional analysis of the phenomenon it terms the “reversed rule of law,” examined through the case study of Poland following the change of government on 13 December 2023. It investigates the paradox whereby public authorities invoke the restoration, defence, or implementation of the rule of law in order to justify measures that in fact circumvent or violate the constitutional order, and it traces both the methods by which this occurs and the consequences it produces for legal certainty, the stability of public authority, and national sovereignty. The introductory study situates the rule of law within its national, European, and international dimensions, presenting the conceptual and doctrinal background against which the individual chapters may be read, and identifying the political circumstances and official rhetoric that gave rise to the phenomenon. The individual chapters address, in turn, the theoretical evolution of the rule of law and its interpretation within the systems of the Council of Europe and the European Union, including the jurisprudence of the ECtHR and the CJEU and the position of the Venice Commission; the distinctive character and historical development of the rule-of-law clause in the Polish constitutional system; and the manifestation of the reversed rule of law across the three branches of power – in the legislative sphere and the system of sources of law, in the executive through the slogan of “restoring lawfulness” as a novel form of legitimacy, and in the justice system in relation to the status of judges. With this structure, the book aims to provide a comprehensive picture of how the rule of law may be relativised and reduced to a rhetorical device, offering a cautionary perspective of relevance to other jurisdictions during periods of political transition, when incoming authorities may seek to negate the actions of their predecessors without a proper legal basis.
Chapters
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Introduction
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The Rule of Law. Conceptual Challenges
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The Rule of Law in Poland – Values and Legalism
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The Reversed Rule of Law in Legislation and Its Evaluation
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The Reversed Rule of Law in the Executive: Legitimacy via ‘Restoring Lawfulness’
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The Reversed Rule of Law in the Justice System and the Status of Judges
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Summary
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