Poland's Constitutional Breakdown

by Wojciech Sadurski

Overview

Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Product Details

ISBN-13:	9780192576972
Publisher:	OUP Oxford
Publication date:	05/16/2019
Series:	Oxford Comparative Constitutionalism
Sold by:	Barnes & Noble
Format:	eBook
Pages:	304
File size:	1 MB

About the Author

Wojciech Sadurski is Challis Professor of Jurisprudence at the University of Sydney and Professor at the University of Warsaw Centre for Europe. He has written extensively on the philosophy of law, political philosophy, and comparative constitutional law. His most recent books include Constitutionalism and the Enlargement of Europe (OUP 2012) and quality and Legitimacy (OUP 2008).

Table of Contents

1. Anti-Constitutional Populist Backsliding
2. Before the Breakdown: 1989-2015
3. Dismantling of Checks and Balances (I): The Remaking of the Constitutional Tribunal
4. Dismantling Checks and Balances (II): Judges and Prosecutors
5. Undoing the Institutions of the Democratic State
6. Assault on Individual Rights
7. Why Did It Happen?
8. Europe to the Rescue
9. Illiberal Democracy or Populist Authoritarianism?

Editorial Reviews

"We cannot tell the future, but Sadurski's compelling book underscores that fear is not the same as fatalism, and accurate anatomisation of constitutional breakdown is the surest foundation for contemplating remedial action. He has shown the real value of providing a book-length country case-study in a research field dominated by theoretical and comparative accounts. This landmark work will itself spur further theoretical and comparative enquiry, and will assist in the formulation of practical policy solutions. It is a quick read but will stay with you long after you have reached the last page. Read it. Reflect on it. Respond to it." — Tom Gerald Daly, European Constitutional Law Review

"Sadurski's monograph is remarkable from both the informative and research perspectives. Undoubtedly, scholarship in constitutional law and theory of law has received an extraordinarily valuable volume. It is indeed a must-read." — Piotr Mikuli, I-CONnect Blog

"These 271 pages (excluding List of Abbreviations, Bibliography, Index) may not make for the most hopeful of (bedtime) reading; but it does enlighten the reader as to the fraught and slightly inflammatory intricacies of the current Polish constitution." — David Marx, David Marx Book Reviews

"An indispensable look at the disheartening illiberal assault on democracy. Sadurski illuminates how Poland, once the great success story of the post-1989 new world order, has been brought to the brink of authoritarianism. Without tanks in the streets or dissidents imprisoned, Poland's legal institutions are being commandeered to crush the democratic opposition. This is the most careful account of how democracy is undermined from within, by the most insightful constitutional scholar on contemporary Eastern Europe. A must-read contribution." — Samuel Issacharoff, Bonnie and Richard Reiss Professor of Constitutional Law, New York University School of Law

"A magnificent achievement! Sadurski's close reading of the Polish case sheds light on many theoretical and empirical debates in the growing literature on democratic backsliding. As he shows, Poland calls into question many of our assumptions about both the rise and fall of democracy. Not quite yet an autopsy, this more like a stage-four diagnosis that will remind democrats of what needs to be defended." — Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science, The University of Chicago

Wojciech Sadurski has written the kind of legal thriller you might wish were fiction ... In just a few years, Poland has been transformed from a model state to a pariah and Sadurski's account shows how and why, in ethnographic and legal detail. Ever the legal theorist, Sadurski rises above the specificity of the case to offer general reflection, substantial analysis, and a series of important lessons we can learn from the collapse of a constitutional democracy. This book is a haunting cautionary tale of our populist moment." — Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs, Princeton University

From the Publisher