14 February 2017
A Polish Marbury v. Madison?
Has the new President of the Polish Constitutional Tribunal been lawfully appointed? This question is at the core of the latest act of the ongoing judicial drama in Poland. The Warsaw Court of Appeals has now referred this question to the Polish Supreme Court. Civil courts are called upon to at least partially fill the gap left by the subjugated Constitutional Tribunal in safeguarding the rule of law in Poland. Continue reading >>
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29 March 2016
“Emergency Constitutional Review”: thinking the unthinkable? A Letter from America
With the constitution and the rule of law in Poland under systemic attack and the Constitutional Court weakened by the refusal of the government to publish its decisions, ordinary judges should step in and, if need be, declare unconstitutional laws inapplicable by themselves. An example for this sort of emergency constitutional review has already been set by the Polish Supreme Court in a decision of March 17th. Continue reading >>
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23 November 2015