The Polish Constitutional Court has spoken

Tomasz Tadeusz Koncewicz, Fachinformationsdienst Für Internationale Und Interdisziplinäre Rechtsforschung
Bruised, but not dead (yet): The Polish Constitutional Court has spoken /bruised-but-not-dead-yet-the-polish-constitutional-court-has-spoken-2/ Tomasz Tadeusz Koncewicz Do 10 Dez 2015 The problem of democracy and judicial review is a problem engendered by successful constitutional courts. For where courts are not successful in establishing veto powers over legislation, no problem or only a very limited problem occurs [1] With two judgments of 3 rd and 9 th of December, the
more » ... ish constitutional crisis has entered a new phase [2] . The authoritative interpretation given by the Polish Constitutional Court ("the Court") left no doubt as to the creeping constitutional coup d'état [3] , yet the judgments are being publicly ridiculed and defied by the ruling majority. Despite enormous political pressure, the Court did not flinch: in both cases it stood up for the Constitution, gathered itself and delivered strong unanimous judgments. However in both cases it was painfully clear that the old powerful, confident and held-in-esteem court was already gone. The Court we saw on 3 rd and 9 th of December was alive, but severely bruised, wounded and shell-shocked, hardly able to discharge its constitutional duties.
doi:10.17176/20170529-162502 fatcat:22jo6ga6xrhmjb4ona56mkb434