The Polish Constitutional Court from an Attitudinal and Institutional Perspective Before and After the Constitutional Crisis of 2015–2016

Kobyliński, Konrad

doi:10.1515/wrlae-2018-0006

Cited by 2 publications

(1 citation statement)

References 12 publications

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“…In December 2015, the government proposed a new TK act, which complicated its decision-making procedures. PiS also achieved control of the TK in terms of personnel, by staffing it with judges that were associated with the party (Kobyliński 2016). According to the opinion of the Venice Commission (2016), the new act purposely and substantially weakened the role of the TK as the guarantor of Polish constitutionality and Poland's legal system.…”

Section: Illiberalism As Practical Politicsmentioning

confidence: 99%

Differential Illiberalism: Classifying Illiberal Trends in Central European Party Politics

Havlík

Hloušek

2020

Palgrave Studies in European Union Politics

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This chapter explores illiberal trends in the party systems of the Czech Republic, Hungary, Poland and Slovakia. Focusing on ANO, SMER, Fidesz and PiS, it first provides a comparative analysis of the ideology these parties use to appeal to the voters. Secondly, it traces the parties in power and analyses how they are translating the illiberal political concepts into laws and policy-making practices. The overarching aim is to understand the relevance that rule of law and legal issues have for the self-positioning vis-à-vis the national public and EU. Based on comparison and the empirical findings, it provides a typology of Central European illiberalism based on the difference between pragmatic and ideological illiberalism.

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Section: Illiberalism As Practical Politicsmentioning

confidence: 99%

Differential Illiberalism: Classifying Illiberal Trends in Central European Party Politics

Havlík

Hloušek

2020

Palgrave Studies in European Union Politics

View full text Add to dashboard Cite

show abstract

Beyond Theory. Understanding Rule of Law Narratives from Their Empirical Context

Lorenz,

Anders,

Müller

et al. 2024

The Future of Europe

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Since theory-building is inseparable from its empirical contexts, there are limits to deriving hypotheses from theories informed by other empirical cases for our object of study. Therefore, this chapter provides an in-depth introduction to the cases analysed in the volume “Narrating the Rule of Law”—Czechia, Hungary, Poland, Romania and Slovakia. As it shows, drawing on various studies of the region, certain developments in these countries may have affected narratives about the rule of law in parliaments that are either missing or not discussed in detail in the current rule of law research, while other factors are possibly overemphasised. Specifically, we discuss the perhaps limited relevance of party ideologies, the massive post-1989 power shifts, conflicts over the post-1989 developments and the consequences of institutional choices, particularities of the relationship between politicians and judges, and the role of the EU. For scholars studying the rule of law from a theoretical perspective and for EU scholars unfamiliar with East Central Europe, this chapter provides detailed information to understand the actors’ background and experiences that might inform their rule of law narratives.

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The Polish Constitutional Court from an Attitudinal and Institutional Perspective Before and After the Constitutional Crisis of 2015–2016

Cited by 2 publications

References 12 publications

Differential Illiberalism: Classifying Illiberal Trends in Central European Party Politics

Differential Illiberalism: Classifying Illiberal Trends in Central European Party Politics

Beyond Theory. Understanding Rule of Law Narratives from Their Empirical Context

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