Poland: From Paradigm to Pariah? Facts and Interpretations of Polish Constitutional Crisis

21 Pages Posted: 14 Mar 2018

See all articles by Marcin Matczak

Marcin Matczak

Warsaw University - Faculty of Law and Public Administration

Date Written: March 12, 2018

Abstract

This article is divided into two parts. The first one, entitled "Facts" presents briefly the crucial events of what I call "the Polish constitutional crisis" or "Crisis" for short, and what has been widely described as a backsliding on the part of Poland into authoritarianism.

The second part, entitled "Interpretations", attempts to explain the nature and possible causes of the crisis. In that part I present three explanations of the Crisis. The first explanation is historical and looks for the possible causes of the Crisis in the unique nature of the Polish transition from Communism to democracy, in particular in the smoothness of this transition understood as the absence of vindictiveness against the previous regime.

The second explanation, a legal one, ascribes the crisis to the immaturity of Polish legal culture, in particular its excessive formalism. The third explanation is a sociological one. It interprets the Crisis as one of liberal values in contemporary Polish society.

Keywords: Poland, constitutional law, rule of law, separation of powers, independence of judiciary, Holocaust law

Suggested Citation

Matczak, Marcin, Poland: From Paradigm to Pariah? Facts and Interpretations of Polish Constitutional Crisis (March 12, 2018). Available at SSRN: https://ssrn.com/abstract=3138541 or http://dx.doi.org/10.2139/ssrn.3138541

Marcin Matczak (Contact Author)

Warsaw University - Faculty of Law and Public Administration ( email )

Krakowskie Przedmiescie 26/28
Warszawa, 00-927
Poland

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