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Poland's Constitutional Breakdown

Poland's Constitutional Breakdown PDF Author: Wojciech Sadurski
Publisher: Oxford Comparative Constitutio
ISBN: 0198840500
Category : Law
Languages : en
Pages : 305

Book Description
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Poland's Constitutional Breakdown

Poland's Constitutional Breakdown PDF Author: Wojciech Sadurski
Publisher: Oxford Comparative Constitutio
ISBN: 0198840500
Category : Law
Languages : en
Pages : 305

Book Description
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Poland's Constitutional Breakdown

Poland's Constitutional Breakdown PDF Author: Wojciech Sadurski
Publisher: Oxford University Press
ISBN: 0192576976
Category : Law
Languages : en
Pages : 304

Book Description
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Defending Checks and Balances in EU Member States

Defending Checks and Balances in EU Member States PDF Author: Armin von Bogdandy
Publisher: Springer Nature
ISBN: 366262317X
Category : Law
Languages : en
Pages : 478

Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

The Roundtable Talks and the Breakdown of Communism

The Roundtable Talks and the Breakdown of Communism PDF Author: Jon Elster
Publisher: University of Chicago Press
ISBN: 9780226206288
Category : Political Science
Languages : en
Pages : 268

Book Description
In five country-specific reports, senior scholars provide detailed accounts of the talks in Bulgaria, Poland, Hungary, Czechoslovakia, and the German Democratic Republic. These essays capture the historical circumstances of these countries - their traditions, customs, and the balance of influence between competing factions - that often took precedence over constitutional ideals.

Constitutionalism Under Stress

Constitutionalism Under Stress PDF Author: Uladzislau Belavusau
Publisher: Oxford University Press, USA
ISBN: 0198864736
Category : Law
Languages : en
Pages : 385

Book Description
This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.

Nation and Loyalty in a German-Polish Borderland

Nation and Loyalty in a German-Polish Borderland PDF Author: Brendan Karch
Publisher: Cambridge University Press
ISBN: 1108487106
Category : History
Languages : en
Pages : 349

Book Description
A century-long struggle to make a borderland population into loyal Germans or Poles drove nationalist activists to radical measures.

Human Rights in a Time of Populism

Human Rights in a Time of Populism PDF Author: Gerald L. Neuman
Publisher: Cambridge University Press
ISBN: 1108485499
Category : Law
Languages : en
Pages : 297

Book Description
Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.

Constitutionalism and the Enlargement of Europe

Constitutionalism and the Enlargement of Europe PDF Author: Wojciech Sadurski
Publisher: Oxford University Press
ISBN: 0199696780
Category : Law
Languages : en
Pages : 263

Book Description
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.

HATE

HATE PDF Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 019085913X
Category : Law
Languages : en
Pages : 240

Book Description
HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Jozef Pilsudski

Jozef Pilsudski PDF Author: Antoni Lenkiewicz
Publisher: Winged Hussar Publishing
ISBN: 1950423174
Category : Biography & Autobiography
Languages : en
Pages : 343

Book Description
Józef Piłsudski (1868-1935) is the heroic and controversial leader of the reconstituted Poland that emerged out of World War I. He was a revolutionary who defeated the Red Armies outside of Warsaw and although he never held an elected office, he placed his personal stamp on the development of the Pre-War Polish Republic. In some ways he was a visionary for the era (A Federation of Eastern States, free education, woman’s suffrage) he also was responsible for a dominant military presence and a coup against the elected government. Dr. Lenkiewicz examines the life of this hero of Poland based on original documentation and people who knew him.