{"title":"波兰威权民粹主义的虚伪:在政治宪政的表面修辞与最高法院的实际滥用之间","authors":"Aleksandra Kustra-Rogatka","doi":"10.1017/S1574019622000499","DOIUrl":null,"url":null,"abstract":"A discernible rift between the rhetoric of political constitutionalism and the real policy of authoritarian populists – The rhetoric focused on political constitutionalism and popular sovereignty as a façade and a utilitarian argument justifying the introduction of counter-constitutional changes through statute laws – Captured apex courts turned into useful devices of power consolidation – The analysis of the Constitutional Tribunal and the Supreme Court – The Constitutional Tribunal as an ‘inverted court’ used increasingly often to actively shape the government’s Eurosceptic policy – A double face of the Supreme Court – The new Chambers of the Supreme Court introduced to be politically abused by authoritarian populists – Systemic interactions between two captured apex courts have a synergy effect with regard to the process of the denormativisation of the constitution – The deepening politicisation of the apex courts creates a favourable environment for further rule of law deterioration.","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"19 1","pages":"25 - 58"},"PeriodicalIF":1.6000,"publicationDate":"2023-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The Hypocrisy of Authoritarian Populism in Poland: Between the Facade Rhetoric of Political Constitutionalism and the Actual Abuse of Apex Courts\",\"authors\":\"Aleksandra Kustra-Rogatka\",\"doi\":\"10.1017/S1574019622000499\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"A discernible rift between the rhetoric of political constitutionalism and the real policy of authoritarian populists – The rhetoric focused on political constitutionalism and popular sovereignty as a façade and a utilitarian argument justifying the introduction of counter-constitutional changes through statute laws – Captured apex courts turned into useful devices of power consolidation – The analysis of the Constitutional Tribunal and the Supreme Court – The Constitutional Tribunal as an ‘inverted court’ used increasingly often to actively shape the government’s Eurosceptic policy – A double face of the Supreme Court – The new Chambers of the Supreme Court introduced to be politically abused by authoritarian populists – Systemic interactions between two captured apex courts have a synergy effect with regard to the process of the denormativisation of the constitution – The deepening politicisation of the apex courts creates a favourable environment for further rule of law deterioration.\",\"PeriodicalId\":45815,\"journal\":{\"name\":\"European Constitutional Law Review\",\"volume\":\"19 1\",\"pages\":\"25 - 58\"},\"PeriodicalIF\":1.6000,\"publicationDate\":\"2023-02-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Constitutional Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/S1574019622000499\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Constitutional Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/S1574019622000499","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The Hypocrisy of Authoritarian Populism in Poland: Between the Facade Rhetoric of Political Constitutionalism and the Actual Abuse of Apex Courts
A discernible rift between the rhetoric of political constitutionalism and the real policy of authoritarian populists – The rhetoric focused on political constitutionalism and popular sovereignty as a façade and a utilitarian argument justifying the introduction of counter-constitutional changes through statute laws – Captured apex courts turned into useful devices of power consolidation – The analysis of the Constitutional Tribunal and the Supreme Court – The Constitutional Tribunal as an ‘inverted court’ used increasingly often to actively shape the government’s Eurosceptic policy – A double face of the Supreme Court – The new Chambers of the Supreme Court introduced to be politically abused by authoritarian populists – Systemic interactions between two captured apex courts have a synergy effect with regard to the process of the denormativisation of the constitution – The deepening politicisation of the apex courts creates a favourable environment for further rule of law deterioration.
期刊介绍:
The European Constitutional Law Review (EuConst), a peer reviewed English language journal, is a platform for advancing the study of European constitutional law, its history and evolution. Its scope is European law and constitutional law, history and theory, comparative law and jurisprudence. Published triannually, it contains articles on doctrine, scholarship and history, plus jurisprudence and book reviews. However, the premier issue includes more than twenty short articles by leading experts, each addressing a single topic in the Draft Constitutional Treaty for Europe. EuConst is addressed at academics, professionals, politicians and others involved or interested in the European constitutional process.