scholarly journals Counter-movement at a critical juncture : A neo-Polanyian interpretation of the rise of the illiberal Right in Poland

Intersections ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 128-148
Author(s):  
Sławomir Czech ◽  
Maciej Kassner
Keyword(s):  
Rule Of Law ◽  
Political Party ◽  
Analytical Approach ◽  
Historical Institutionalism ◽  
Karl Polanyi ◽  
Critical Juncture ◽  
Parliamentary Elections ◽  
The Rule Of Law ◽  
Liberal Constitutionalism ◽  
Law And Justice

This article seeks to explain the causes of the growing popularity of the illiberal right, taking the Polish political party Law and Justice as an example. The adopted analytical approach combines insights derived from the work of Karl Polanyi and the tradition of historical institutionalism. The victory of Law and Justice in the 2015 Polish parliamentary elections is argued to constitute a critical juncture that initiated a fundamental break with the liberal order. Following Polanyi, we argue that the seeds of the recent anti-liberal counter-revolution can be found in the malfunctioning of the Polish economic order built during the period of transition. However, Law and Justice has managed to make use of the critical juncture arising from social discontent and has used it instrumentally to dismantle liberal constitutionalism and the rule of law.

scholarly journals Od „legalnej rewolucji” do kontrrewolucji. Kryzys konstytucjonalizmu liberalno-demokratycznego w Polsce

2017 ◽  
Vol 110 ◽  
pp. 65-81
Author(s):  
Grażyna Skąpska
Keyword(s):  
Rule Of Law ◽  
Eastern European ◽  
Legal Regulations ◽  
East Central Europe ◽  
East Central ◽  
Parliamentary Elections ◽  
The Rule Of Law ◽  
The Third ◽  
Liberal Democratic ◽  
Liberal Constitutionalism

FROM „LEGAL REVOLUTION” TO COUNTERREVOLUTION. CRISIS OF LIBERAL-DEMOCRATIC CONSTITUTIONALISM IN POLANDThis paper debates the crisis of the rule of law and liberal constitutionalism with regard to processes and events in Poland after the parliamentary elections in 2015. Iwill shortly debate the previous events in Hungary — amodel for actions undertaken in Poland. In the first part this paper debates on the concept of “legal revolutions” which took place in the East Central Europe in 1989. They succeed in the institutionalization of the rule of law and liberal-democratic constitutionalism. The second part of the paper presents the swift, ruthless and brutal destruction of the rule of law. In the third part the “flood” of legal regulations, especially in the domains of economic transactions is shortly presented, and the part four debates cultural contexts of the current counterrevolutions. Here axiological foundations of liberal-democratic constitutionalism and the rule of law are discussed, and the issues of legal hypocrisy and legal nihilism in the context of Eastern European Syndrome are presented.

VLADAVINA PRAVA NA „USLUZI“ NARODU, KROZ TEORIJU I PRAKSU

2021 ◽  
Author(s):  
Ana Opačić ◽  
◽  
Vladimir Vrhovšek ◽  
◽  
Keyword(s):  
Rule Of Law ◽  
Case Law ◽  
Theory And Practice ◽  
Legal Norm ◽  
The Rule Of Law ◽  
Know How ◽  
The People ◽  
Key Factor ◽  
Law And Justice ◽  
Legal Security

We, as the authors of this text, have found it important to point out the close connection between law and justice, theory and practice, because citizens go to court for justice. The judge says what justice is. However, when the legal norm is available and well known to the persons, to whom it refers, and when it is predictable and the case law is uniform, the persons to whom the legal norm refers, can know their rights and obligations concretely, and thus know how to treat them. In order to that they must behave and anticipate the consequences of their behavior. When all the above has been fulfilled, it can be said that the requirements of the rule of law and legal security have been met, so it can be freely said that law and justice are at the "service of the people", through theory and practice. It should be reminded that the precision of the legal norm is one of the basic elements of the rule of law and is a key factor for the emergence and maintenance of the legitimacy of the legal order, which applies to all branches of law, and that court decisions are binding on all.

scholarly journals Safeguarding the Rule of Law within the EU: Lessons from the Polish Experience

European View ◽  
2017 ◽  
Vol 16 (2) ◽  
pp. 281-291 ◽  
Author(s):  
Konrad Niklewicz
Keyword(s):  
Rule Of Law ◽  
Real Life ◽  
Protective Mechanisms ◽  
Current Form ◽  
The Rule Of Law ◽  
Polish Experience ◽  
Law And Justice ◽  
Polish Government ◽  
First Time ◽  
Fundamental Values

The rule-of-law procedure against Poland, opened in January 2016, has painfully tested the safeguards supposed to protect the EU's fundamental values. It is now obvious that the protective mechanisms need to be strengthened. For in their current form, tested in real life for the first time, they have not dissuaded the present Polish government, led by the nationalist Law and Justice party (Prawo i Sprawiedliwość, PiS), from seriously and continuously breaching the rules. All interested EU parties—that is, willing member states and institutions—should acknowledge this and start preparing modifications both to Article 7 of the Treaty on European Union, which includes a sanction mechanism, and to the European Commission's Rule of Law Framework, so that the EU's internal defences are strengthened for future needs.

Committee for the Defence of Freedom of Thought and Expression: For political democracy

1988 ◽  
Vol 17 (5) ◽  
pp. 35-36
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Party ◽  
Political Democracy ◽  
The Rule Of Law ◽  
Public Figures ◽  
Human Rights Abuse ◽  
Freedom Of Thought ◽  
Academy Of Sciences ◽  
Serbian Academy

The unofficial Committee for the Defence of Freedom of Thought and Expression, whose proposal is published below, was formed in Belgrade on 10 November 1984 on the initiative of Dobrica Cosic, one of the most popular Serbian novelists. The committee represent the whole spectrum of Belgrade opinion from Marxist philosophers of the Praxis group (Mihailo Marković, Ljubomir Tadić, Zagorka Golubović), ‘nationalists’ (Mića Popović, Matija Bećković), pre-war party veterans (Gojko Nikolis, Tanasije Mladenović), advocates of a pluralistic socialist democracy (Kosta Cavoski, Ivan Janković) to public figures affirming the rule of law. Twelve are members of the prestigious Serbian Academy of Sciences and Arts and all of them are leading figures. The Committee has issued over 50 protests against human rights abuse involving not only Serbs but also Croats, Bosnian Moslems, Slovenes, ethnic Albanians in the province of Kosovo and members of the Hungarian minority in the Vojvodina. In October 1986 the Committee put forward an eleven-point plan for the establishment of the rule of law in Yugoslavia (see Index on Censorship, 2/87) and recommended the abolition of the tenure of monopoly power by any single political party. The next step came in November 1987 when the Committee released a petition for the introduction of political democracy in the SFRY (Socialist Federal Republic of Yugoslavia). The text of the petition, addressed to the Federal Assembly and the Yugoslav public, follows. The translation comes from the London-based South Slav Journal.

scholarly journals Fikih Pancasila (Reinterpretasi Patriotisme dalam Upaya Meneguhkan Keutuhan NKRI)

2019 ◽  
Vol 10 (2) ◽  
pp. 144-157
Author(s):  
Miftahul Ulum
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Public Benefit ◽  
A Value ◽  
Constitutional State ◽  
Religious Law ◽  
Law And Justice ◽  
The Republic ◽  
The Right

Mahfud MD states that the Pancasila State is a constitutional state and is final, even in terms of religious/fiqh law can be declared valid and correct. The results of the ijtihad of the ulama of ushul fiqh also mentioned that the choice of national law based on the Pancasila and the 1945 Constitution of the Republic of Indonesia was the right choice and was recognized syara'. Indonesia's legal state also accepts the spiritual value of religious law. Written law and all procedural provisions (rechtsstaaf) are accepted but must be put in order to uphold justice (the rule of law). Written provisions that prevent justice can be abandoned. This is confirmed in the provisions of Article 24 paragraph (1) of the 1945 Constitution which states that the function of the judicial authority is to enforce law and justice, and Article 28D paragraph (1) concerning the right to obtain legal certainty and Article 28H that the law must be built on the basis of justice benefits. Jurisprudence law with national law has the same substance in maintaining and encouraging the development of a legal system based on social justice and public benefit (al-manfa'ah al-ammah) as has also been voiced and championed by the founders of the state when they are compiling the state ideology, namely Pancasila. Those who are predominantly Muslim have an open attitude to respect and accommodate the interests of other faith groups and religions. Abdurrahman Wahid also emphasized that the founders of the nation (such as Ki Bagus Hadikusumo, Abdul Wahid Hasyim, Kahar Mudzakkar, Agus Salim, and Ahmad Subardjo) who were experts in the field of Jurisprudence had absorbed and adopted the principles and objectives of fiqh law that had a value of justice, benefit, humanity and shura in the Pancasila state system.

scholarly journals Political Modernization in the Developing Countries: Challenges and Prospects

2021 ◽  
pp. 41-48
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
Political Parties ◽  
Rule Of Law ◽  
Political Party ◽  
Main Tool ◽  
The Political ◽  
The Rule Of Law ◽  
Transitional Democracies ◽  
Political Modernization

This paper is all about the political modernization of the developing world. The political party, Bureaucrats, Law enforcement forces have been a source of political modernization in the traditional as well as transitional democracies. But the primary duty of the political party serves as the main tool of running the state. Bureaucrats implemented the policy of government and Law enforcement force established the rule of law. Political parties, Bureaucrats, and Law enforcement forces are closely involved in bringing political modernization. Unfortunately, it is impossible to ensure political modernization without any one agent. The first part of this article is an attempt to discuss on meaning and conditions of political modernization. The second part of this study explained serious stumbling blocks in the implementation of political modernization in developing countries. The final part of the study highlights the prospects of political modernization based on different agencies like Political parties, Bureaucrats, and Law enforcement forces and makes a concluding remark on the overall concept.

scholarly journals KEPASTIAN HUKUM MENGENAI PERBEDAAN ANTARA PUTUSAN MAHKAMAH AGUNG DAN PUTUSAN MAHKAMAH KONSTITUSI TERKAIT PENCALONAN PERSEORANGAN PESERTA PEMILU ANGGOTA DPD

2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Rasji . ◽  
Cinthia .
Keyword(s):  
Political Parties ◽  
Supreme Court ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Ruling ◽  
Legal Basis ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Law And Justice

Indonesia is a country based on the law (rechstaat) whose basis is stated in Article 1 Paragraph (3) of the UUD NRI 1945. The essential principles of the rule of law based on Article 24 Paragraph (1) of the UUD NRI 1945 are the guarantee of the organizer of the power of an independent judicial institution without interference from other parties to hold a court to uphold law and justice. Ideally, the results of the two institutions' decisions do not cause problems in society. However, the results of the decisions of the two institutions are still found differently regarding the issue of nominating individual participants in the members of the Regional Representatives Council. Any other way, the results of the Constitutional Court ruling prohibited members of the Regional Representatives Council who were still in the position of administrators of political parties. Meanwhile, the decision of the Supreme Court allows candidates for members of the Regional Representatives Council who are still in the position of managing political parties. In this study, the researcher will examine the differences between the Supreme Court's decision and the Constitutional Court's decision regarding the nomination of individual participants in the Regional Representatives Council by using normative legal methods and conducting interviews as supporting data. The results of the study revealed that based on the legal basis and authority of the institution, the verdict that had legal certainty regarding the nomination of individual participants in the Regional Representatives Council election was the decision of the Constitutional Court.

Constitutionalism under Stress

2020 ◽  
Keyword(s):  
Doctoral Students ◽  
Rule Of Law ◽  
Public Reason ◽  
Liberal Democracies ◽  
Constitutional Review ◽  
The Rule Of Law ◽  
Comparative Constitutional Law ◽  
Liberal Constitutionalism ◽  
Western Democracies ◽  
The Eu

This volume is designed to mark the outstanding legacy of Professor Wojciech Sadurski’s scholarship in the field of comparative constitutional law. It provides a rich palette of chapters that aim to rethink the state of the art in this field, in light of the latest challenges to the foundations of liberal constitutionalism. Edited by former doctoral students of Professor Sadurski, the volume transcends the celebration of his major academic contributions by linking his pioneering writings, inter alia on Central and Eastern Europe (CEE), to core dilemmas in the turbulent state of the rule of law in western democracies. It consolidates contributions by numerous current and former students, as well as colleagues and friends around the globe in admiration of his didactic style, tireless work, civil dedication, and priceless commentary influencing the work of generations of constitutional scholars. Besides drawing on Wojciech’s fields of interest, the book aims to provide a full overview of the crucial dilemmas in dealing with the current decline of liberal democracies and populist challenges to the rule of law throughout Europe—events that he predicted early on in his writings about the Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty. The major themes of the chapters are thus as follows: 1. Populism and democratic decline in CEE; 2. The EU role: Article 7 TEU vis-à-vis the rule of law in Hungary and Poland; 3. Constitutional review and militant democracy: between public reason and new forms of populism.

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