“Emergency Constitutional Review”: thinking the unthinkable? A Letter from America

With the constitution and the rule of law in Poland under systemic attack and the Constitutional Court weakened by the refusal of the government to publish its decisions, ordinary judges should step in and, if need be, declare unconstitutional laws inapplicable by themselves. An example for this sort of emergency constitutional review has already been set by the Polish Supreme Court in a decision of March 17th.

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Midnight Judges: Poland’s Constitutional Tribunal Caught Between Political Fronts

Many Eastern European states have seen their once glorious constitutional courts politically delegitimized in recent years. Now, Poland might join them. Hasty attempts by the outgoing majority to fill the benches of the court with judges of their choosing, and constitutionally dubious attempts by the new majority to thwart those attempts and to tamper with constitutional procedural law, threaten to inflict fatal damage to the Polish Constitutional Tribunal and its integrity.

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