Constitutionally Shameful Judgement in Bad Faith (Abortion Case Before the Polish Constitutional Tribunal)

Mini-symposium: Constitutional abortion politics in Poland Following our recent online discussion on the abortion judgement of the Polish Constitutional Tribunal and on its legal, political and societal implications, we invite you to read contributions addressing some of the complexities of this topic. In the forthcoming weeks we will publish blogposts written by the invited legal […]

Democratic tsunami in Poland

Setting the scene   The recent abortion judgement of the Polish Constitutional Tribunal (CT) caused a stir not only domestically but also abroad. On 22 October 2020 the Polish CT – with the majority of voices (and two dissenting opinions) – declared that abortion in cases where the foetus has serious and irreversible birth defects […]

A Matter of Content, not the Dilemma of Form. A Response to András Jakab and Wojciech Sadurski

The recent discussion between András Jakab and Wojciech Sadurski concerns the role and the possible moral dilemmas of a constitutional scholar and teacher in ‘autocratizing regimes’. However, the unexpressed experience behind the views is the dramatic passage of Hungary and Poland from a position of liberal democratic champions to the vanguard of illiberalism in the […]

COVID-19 and Borders: Has Scotland Taken Back Control?

Borders have been the political issue this week as the United Kingdom emerges from its COVID-19 ‘lockdown’. This blog has two key points. The first is how further evidence has emerged of the UK pulling apart through the British Government’s handling of the coronavirus crisis. The second point is that political discourse about Scotland’s borders […]

Is the Theory Culpable? A Response to a Statement against Constitutional Pluralism

Last month a group of prominent constitutional law and political studies scholars published or undersigned a joint statement (hereinafter: the statement) in which they call for an unquestionable supremacy of EU law over national law. They oppose the possibility of non-application of CJEU decisions by national courts. As a consequence, the authors also reject the […]