Hostile Constitutional Interpretation - Sending a Warning in Rebuilding the Polish Constitutional Court
Zajadło, Jerzy
Author
aut
Koncewicz, Tomasz Tadeusz
Author
aut
Text
xx#
2023
Verfassungsblog
2023-01-06
eng
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
Zajadło, Jerzy
Polish Constitutional Court
Rule of Law
342
https://verfassungsblog.de/hostile-constitutional-interpretation/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20230107-001611-0
230106
10.17176/20230107-001611-0
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