The political nature of the election of the judges of the Constitutional Tribunal and their decisions to submit a dissenting opinion during the 2016–2019 period

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The political nature of the election of the judges of the Constitutional Tribunal and their decisions to submit a dissenting opinion during the 2016–2019 period

0000-0002-3079-4150

dissenting opinions judges Polish Constitutional Tribunal the political judicial independence

public and procedural law

The subject of the study, the results of which are presented in this article, is the practice of submitting dissenting opinions in the Constitutional Tribunal during the period 2016–2019. Its purpose is to clarify and eventually empirically verify the thesis that the submission of a candidacy for a judge of the Constitutional Tribunal by a political group sitting in parliament, translates into possible decisions to submit a dissenting opinion. This behaviour has been abbreviated in the literature as “faithfulness for choice”. In order to verify the occurrence of this behaviour, models of such situations were constructed, taking into account the specificity of the Polish constitutional court. Situations meeting the model’s criteria were then analysed. The constructed models found little quantitative confirmation. The reasons can be seen in the inadequacy of the models themselves and the nature of the tensions that arose around the Tribunal and in the Tribunal itself in the indicated period. The substantive factor in the form of establishing a given subject of control by a specific political group did not determine the decision to submit votum separatum in the indicated period. It is the context that determines the political characteristics of the case being examined, and makes it possible to recognise in such categories the possible decisions of the Constitutional Tribunal’s judges to submit a dissenting opinion.

Wrocław

Wydawnictwo Uniwersytetu Wrocławskiego

2020

text

ISSN 0239-6661 ISSN 0137-1134

10.19195/0137-1134.122.12

pol eng

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3994. Przegląd Prawa i Administracji 2020, 122, s. 203-220

Czasopisma Naukowe w Sieci (CNS)

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