Polish judiciary and the constitutional fidelity. "In Judges We Trust"?

Tomasz Koncewicz

Abstract

As the Polish government continues to strike at the very heart of the rule of law by refusing to implement, and publish, the judgments of the Constitutional Court, the issue of legal consequences of a judgment delivered, but unpublished and/or unimplemented, comes to the fore. The primary objective of the analysis is to show how disabling the Constitutional Court and constitutional capture of checks-and-balances should translate into the case law of ordinary judges. This latter aspect received only scant attention from the academia. Ordinary courts have their own promises to fulfill when faced with the all-out capture of constitutional essentials making up Polish legal order. As we move forward, these courts should be ready to take on the mantle of quasi-constitutional courts and defend the integrity of the system. Whether they are ready to perform such systemic function is a different question altogether.
Author Tomasz Koncewicz (FLA / DELCL)
Tomasz Koncewicz,,
- Department of European Law and Comparative Law
Journal seriesNowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, (B 8 pkt)
Issue year2017
Vol43
Pages265-277
Publication size in sheets0.6
Keywords in English rule of law, constitutionalism, judges, courts, judicial review, direct effect, constitutional fidelity, integrity, judicial ethos, fidelity, text v context, judicial empowerment
DOIDOI:10.19195/2084-5065.43.16
URL http://nkp.wuwr.pl/product/-8048
Languageen angielski
Score (nominal)8
ScoreMinisterial score = 8.0, 09-05-2018, ArticleFromJournal
Ministerial score (2013-2016) = 8.0, 09-05-2018, ArticleFromJournal
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