The Hypocrisy of Authoritarian Populism in Poland: Between the Facade Rhetoric of Political Constitutionalism and the Actual Abuse of Apex Courts

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Abstract

A discernible rift between the rhetoric of political constitutionalism and the real policy of authoritarian populists - The rhetoric focused on political constitutionalism and popular sovereignty as a façade and a utilitarian argument justifying the introduction of counter-constitutional changes through statute laws - Captured apex courts turned into useful devices of power consolidation - The analysis of the Constitutional Tribunal and the Supreme Court - The Constitutional Tribunal as an 'inverted court' used increasingly often to actively shape the government's Eurosceptic policy - A double face of the Supreme Court - The new Chambers of the Supreme Court introduced to be politically abused by authoritarian populists - Systemic interactions between two captured apex courts have a synergy effect with regard to the process of the denormativisation of the constitution - The deepening politicisation of the apex courts creates a favourable environment for further rule of law deterioration.

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Kustra-Rogatka, A. (2023). The Hypocrisy of Authoritarian Populism in Poland: Between the Facade Rhetoric of Political Constitutionalism and the Actual Abuse of Apex Courts. European Constitutional Law Review, 19(1), 25–58. https://doi.org/10.1017/S1574019622000499

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