How Democracy Dies (in Poland): A Case Study of Anti-Constitutional Populist Backsliding
![handle is hein.journals/judioruie2018 and id is 104 raw text is:
How Democracy Dies (in
Poland): A Case Study of
Anti-Constitutional Populist
Backsliding
Wojciech Sadurski*'
University of Sydney School of Law
Abstract: A dramatic change occurred in Polish
constitutional politics in 2015: a combined presidential and
parliamentary victory of the populist Law and Justice party
[PiS] began a series of deep political and legal changes
which turned the constitutional order on its head in many
respects. In this paper, I provide a detailed account (in
Part 3) of how comprehensive and momentous the legal
changes are, in particular going so far as to dismantle
institutional checks on the government (including paralysis
the Constitutional Tribunal, and then conversion of it into
an active supporter of the government) and to erode a
number of individual and political rights, such as the right
to assembly and privacy. This account is preceded by first
outlining the general characteristics of Polish transformation
since 2015 (in Part 1), and then explaining why the concept of anti-constitutional
populist backsliding is the most appropriate way of characterising it (Part 2): it is
anti-constitutional because it proceeds through statutory amendments and outright
breaches of the Constitution; it is populist because the ruling elite is actively concerned
to foment societal support and mobilisation, and it is backsliding because it should
be seen against the baseline of high democratic standards already achieved in the
recent past. After providing this account, I offer tentative explanations of the sources
of PiS electoral success and then of its strong popularity in the society (Part 4), and in
the Conclusions, I take a step back from the detailed account to offer more general
* Challis Professor of Jurisprudence in the Moshe Cohen-Eliya and Gila Stopler for convening
University of Sydney School of Law; Professor in andcommenting at these meetings, and to all
the Centre for Europe, University of Warsaw. I thank participants in the discussions, as well as to Adam
Dr Michat Marek Zi6tkowski for his excellent Czarnota and Martin Krygier. The situation in Poland
research. I am also grateful to Kirsty Gan for is very dynamic, and on the day a reader accesses
language corrections. Two small sections of the this paper, some important new facts, laws and
paper were presented in Amsterdam at a seminar cases will have taken place, not covered here. The
of Access/Europe and the University of Amsterdam, paper covers the legal status quo as up to 31
and in Tel Aviv at a meeting of ICON-S, Israel December 2017. E-mail professional:
branch. I am grateful to Professors Ronald Janse, wojciech.sadurski@sydney.edu.au.
104 Revista Forumul Judectorilor - Nr. 1/2018](ViewImageLocal?handle=hein.journals/judioruie2018&div=9&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
How Democracy Dies (in Poland): A Case Study of Anti-Constitutional Populist Backsliding
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most