nam 22 uu 4500 10.17176/20230107-001611-0 DE-Verfassungsblog cr||||| 230106s2023||||xx#|||||o|||| ||| 0|eng|| 10.17176/20230107-001611-0 doi eng 342 23 Zajadło, Jerzy Author aut Hostile Constitutional Interpretation - Sending a Warning in Rebuilding the Polish Constitutional Court Zajadło, Jerzy Verfassungsblog 2023-01-06 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier What to do with the façade institution that was once known as the Polish Constitutional Court in a way that would respect the Constitution? A recent and important proposal has argued that the judges who were legally elected by the current Parliament though they have supported the politicization of justice should enjoy the same right to retire as their legal predecessors. We have serious doubts as to the long-term desirability of such a solution. We need a theory that explains why also these lawfully elected judges should be let go as a result of their blatantly unconstitutional adjudication, and why the entire unconstitutional body should be extinguished, rather than simply be tinkered with here and there. CC BY-SA 4.0 Polish Constitutional Court Rule of Law Koncewicz, Tomasz Tadeusz Author aut Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://verfassungsblog.de/hostile-constitutional-interpretation/ raw object