The central question awaiting an answer in the current constitutional debate concerns the consequences flowing from the principle of the supremacy of the Constitution over ordinary legislation, and the manner in which the principle of the rule of law, as guaranteed by the Constitution, should be understood. A proper interpretation and application of these principles could broaden the legal and institutional space within which the measures necessary for the restoration of the rule of law may be introduced. Such an approach is supported both by the case law of Polish courts, including the judgments of the Constitutional Tribunal delivered before 2016, and by the jurisprudence of the European courts in Strasbourg and Luxembourg. In the present context, marked by a specific blockage of legislative change resulting from the presidential veto, the most important role in this process must be played by the judiciary. The courts are empowered not to apply national provisions that are incompatible with European law, which enjoys priority of application over domestic law. An essential condition for ensuring the restoration of the rule of law is the willingness of judges to adopt a functional and, where necessary, activist interpretation of fundamental constitutional values and principles.