Chess-Boxing Around the Rule of Law - Polish Constitutionalism at Trial

Palestra 3/2016, pp. 7-19

13 Pages Posted: 18 Mar 2016

See all articles by Arkadiusz Radwan

Arkadiusz Radwan

Allerhand Institute; Vytautas Magnus University - Faculty of Law; Kubas Kos Gałkowski

Multiple version iconThere are 2 versions of this paper

Date Written: March 16, 2016


The 2015/16 dispute over composition and organisational design of the Constitutional Court in Poland (Pol. Trybunał Konstytucyjny – Constitutional Tribunal) involved two major political parties (Law and Justice – PiS, and Civic Platform – PO) taking partisan stance and involving into political rent-seeking, though with varying revolutionary zeal and different levels of subtlety in their attempts to by-pass or outrightly trespass constitutional constraints. The article provides factual and analytical coverage of the constitutional crisis resulting from the conflict that arose around the Constitutional Tribunal. It also presents nuances of the course and dynamics of the conflict as well as its immediate run-up, including the role of the Tribunal and its justices themselves. The paper provides analytical take on the legal and political nexus underpinning and propelling the conflict, as seen against the background of the societal divide and a “tribal” nature of the split among the people of Poland with regard to their appraisal of the socio-economic order that emerged from the Round Table Talks of 1989.

Keywords: Constitutional Court, Constitutional Tribunal, judicial review, rule of law, constitutional crisis, Polish constitutionalism, midnight judges, court packing

Suggested Citation

Radwan, Arkadiusz, Chess-Boxing Around the Rule of Law - Polish Constitutionalism at Trial (March 16, 2016). Palestra 3/2016, pp. 7-19. Available at SSRN:

Arkadiusz Radwan (Contact Author)

Allerhand Institute ( email )

Plac Sikorskiego 2/7
Kraków, 31-115


Vytautas Magnus University - Faculty of Law ( email )

Jonavos g. 66
Kaunas, LT-44191

Kubas Kos Gałkowski ( email )

Nowa Kamienica
ul. Rakowicka 7
Kraków, 31-511


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