Divine Decision-Making - Right-Wing Constitutionalism in Poland
Kocemba, Karolina
Author
aut
Stambulski, Michał
Author
aut
Text
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2020
Verfassungsblog
2020-11-09
eng
The most recent abortion decision of 22 October 2020 of Poland’s Constitutional Court (“the Court”) did not come as a surprise. It is not, as some commentators would like to see, an aberration, a departure from previous liberal and human rights-based standards by a group of judges linked to the Law and Justice party. Rather, it is a consequence of the right-wing constitutionalism that has dominated the Court for years. This discourse that introduced religious dogma as the basis for legal reasoning is undemocratic and exclusionary. It presents religious worldviews as textual consequences of the constitution without taking into account the voice of citizens. The persistence of this type of constitutionalism can be demonstrated on example of a number of cases important for the public sphere in Poland.
CC BY-SA 4.0
Kocemba, Karolina
Catholicism
Constitutional Court
Reproductive Rights
right-wing constitutionalism
342
https://verfassungsblog.de/divine-decision-making/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20201109-235704-0
201109
10.17176/20201109-235704-0
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