The Reversed Rule of Law in the Executive: Legitimacy via ‘Restoring Lawfulness’

This Chapter examines the extent to which the assumptions underlying the of restoration of the rule of law have been realised by the executive branch. To this end, it will first present the constitutional model governing the operation of the Council of Ministers and the government administration. It will then highlight selected examples of the practical implementation of the postulate of restoring the rule of law and assess the compliance of these measures with constitutional standards. The analysis focuses in particular on the practices of specific administrative departments of government, including justice, science, higher education and culture. Furthermore, it will explore how the implementation of the political programme of ‘restoring the rule of law’ affects relations between the executive and legislative powers and other constitutional bodies, such as the President of the Republic of Poland, the Constitutional Tribunal and the Supreme Court. Drawing on one year of experience with the functioning of the new government (December 2023–December 2024), the Chapter will evaluate the extent to which the government has operated in accordance with the constitutional model of being bound by law and the standards expected in a democratic state governed by the rule of law.

Keywords: rule of law, the executive branch of government, militant democracy, legal nihilism, instrumentalisation of law