In this essay the author points out, that nowadays judiciary plays a key role for constitutional system in the scope of resolving of disagreement by a neutral arbiter. Nevertheless, the role of judiciary should not change. In a representative democracy, judiciary should not substitute the political process. If it does, one could identify the deviation from judicialization of politics: juristocracy, politicization of judiciary or special kind of judicialization of politics. The author recognizes the third deviation in Poland since 2015. As an evidence of the process, she analyzes two judgements of the Constitutional Tribunal: 16 March 2017 (Kp 1/17) and 20 June 2017 (K 5/17).
Dec 10, 2018
Aug 19, 2018
|Polski przypadek judicialization of politics. Kilka słów o roli TK po 2015 roku||Dec 10, 2018|