The Crisis in Poland, Schmittian Questions, and Kaczyński's Political and Legal Philosophy
26 Pages Posted: 19 Oct 2017
Date Written: October 18, 2017
This paper aims to provide a legal-political-philosophical analysis on the recent constitutional crisis in Poland by studying the Schmittian-discourse that appeared in the academic and intellectual debate. The article focuses on the leader of the ruling party Law and Justice (PiS) and the real leader of the Polish state after 2015, Jarosław Kaczyński's political and legal philosophy.
There are two main parts to be explained in the paper:
a) Schmittian questions in the rule of law debate in Poland, and
b) considerations on Kaczyński's political and legal philosophy.
This research shows a wide spectrum of sources: relevant legal and political literature, biographies, legal acts, judicial verdicts, articles and information in the media, interviews, legal opinions and journalistic writing, legal recommendations, etc. Also, fieldwork was done in Poland in December 2015 and June-July 2017. The methodological approach is eclectic: starting from a philosophy of law perspective, it is to go to a political analysis.
Keywords: Poland, rule of law, constitution, crisis, Schmitt
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