Search

The current study asserts that the rejection of a culture of judicial silence is beneficial to the architecture of liberal democracy, as judicial expression outside a courtroom assists in maintaining a balance between its components. On the one hand, this can create defence mechanisms against the alienation of the law from society (which appropriately appreciates the democratic component), while on the other, it aids in the actualization of the constitutionally determined role of the judiciary within the political system (safeguarding the liberal element). The discussion, which is essentially based on an analysis of international soft law, commences by examining two areas pertaining to judicial expression outside a courtroom: public discussion on the law and generally understood social life involvement. Subsequently, the limits of judges' expression during such activities are analysed, and three proposals for their definition are put forward. As a next step, the paper highlights the diversity of judges as relevant to the problem at hand. The work concludes by outlining its findings, which also include the potential risks associated with the proposed project. [ABSTRACT FROM AUTHOR]

Since the 2015 parliamentary elections in Poland, the government led by the Law and Justice party (PiS) has sought to win two interwoven battles: the restoration of 'a strong state' internally and 'regaining sovereignty' in the country's relationship with the EU. By examining the 2015 constitutional crisis in Poland, this article seeks to understand how and why a domestic dispute over the nomination of constitutional judges has transformed into a conflict of sovereignty in the EU polity. The paper shows that the claims to sovereignty of political, social, and legal actors reflect opposing conceptions of this principle as well as of democracy and the rule of law. PiS' understanding of State sovereignty is rooted in the past, echoes its Hobbesian conception, and is reminiscent of Carl Schmitt's notion of the political and of democracy. In 2015, this conception was pitted against the supremacy of the Constitution (legal sovereignty) and the ideal of shared sovereignty. Drawing on 20 parliamentary debates, this paper shows that the 2015 Polish constitutional crisis encapsulates a conflict of sovereignty over who holds the most legitimate representation of the people and who should have the last word in key political conflicts and constitutional settlements. [ABSTRACT FROM AUTHOR]

Copyright of Toruńskie Studia Polsko-Włoskie / Studi Polacco-Italiani di Toruń is the property of Nicolaus Copernicus University in Torun, Faculty of Law & Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Relações Internacionais is the property of Institute of International Relations of Pontifical Catholic University of Rio de Janeiro and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Poland has recently experienced a constitutional crisis. The crisis involves the role of the Law and Justice Party (PiS) in the election of judges and amendments to the Constitutional Tribunal Act which threatens the independence of the Tribunal. The situation is exacerbated by changes in the media, civil service, police, and prosecution laws introduced by the ruling party. This article analyses the changes, as well as the domestic and international reactions to the crisis, and considers whether the heavy criticism of the PiS is justified, or whether it results from, for instance, specific characteristics of the Polish political system and an unfavourable opinion in Europe about the Law and Justice party. [ABSTRACT FROM AUTHOR]