nam 22 uu 4500 10.17176/20201109-235704-0 DE-Verfassungsblog cr||||| 201109s2020||||xx#|||||o|||| ||| 0|eng|| 10.17176/20201109-235704-0 doi eng 342 23 Kocemba, Karolina Author aut Divine Decision-Making Right-Wing Constitutionalism in Poland Kocemba, Karolina Verfassungsblog 2020-11-09 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier 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. funded by the government CC BY-SA 4.0 Catholicism Constitutional Court Reproductive Rights right-wing constitutionalism Stambulski, Michał Author aut Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://staging.verfassungsblog.de/divine-decision-making/ raw object