Spotlight Interpretation and its Devastating Effects - On a Peculiar Method of Constitutional Interpretation
Granat, Mirosław
Author
aut
Text
xx#
2023
Verfassungsblog
2023-06-05
eng
After 1989 Poland struggled to build up a free state based on the rule of law. More recently, illiberal constitutionalism has been damaging these hard-won gains. This blogpost will argue that the systematic dismantling of Poland’s rule of law, without officially amending the Constitution, was possible due to a peculiar interpretative technique called spotlight interpretation. Its essence lies in the opportunistic interpretation of systemically important constitutional provisions to achieve the short-term political goals of the ruling majority, and it has arguably been central to the destruction of judicial independence in Poland’s constitutional order.
CC BY-SA 4.0
Granat, Mirosław
Constitutional Interpretation
judicial independence
Poland
Rule of Law
342
https://verfassungsblog.de/spotlight-interpretation-and-its-devastating-effects/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20230605-231201-0
230605
10.17176/20230605-231201-0
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