26 July 2022
Beyond Constitutional Doctrine?
In a recent post on Verfassungsblog, Michał Stambulski and Karol Muszyński make a number of wide-ranging statements and stinging criticisms of what they believe to be the shortcomings of “doctrinal constitutionalism”, “legal constitutionalism” and “doctrinal legal constitutionalism.” What the authors fail to do at any point, however, is define what they mean by these terms. Furthermore, their attack on doctrinal constitutionalism - which includes ad hominem attacks while ironically calling for a more serious engagement and less ‘emotional’ or ‘easy moral evaluation’ - fails to offer any alternative solutions to a rule of law crisis that the authors themselves readily acknowledge to be a problem. Aside from a plea to pay closer attention to economic, social and political context, it is by no means clear what they would put in place of the doctrinal/legal constitutionalism that they appear to be so passionately opposed to. Continue reading >>
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