@article{181a112f-7515-4b08-ab79-837ef8a22cc9,
author = {Michał  Ziółkowski},
title = {Constitutional Moment and the Polish Constitutional Crisis 2015–2018 (a few Critical Remarks)},
journal = {Przegląd Konstytucyjny},
volume = {2018},
number = {Issue 4 (2018)},
year = {2018},
issn = {2544-2031},
pages = {76-106},keywords = {constitutional moment; constitutional law; constitutional design; Polish transformation; constitutional crisis},
abstract = {In the middle of the Polish constitutional 2015–2018 crisis, references to a ‘constitutional moment’ concept had suddenly and unexpectedly appeared in the Polish public debate. This article aims to confront fundamental conditions and implications of constitutional moment theory with the Polish constitutional framework. Firstly, I will argue that it may be controversial to refer directly to the constitutional moment in an interpretive sense due to the scope of current Polish constitutional regulation and its historical development. Secondly, I will argue that according to the fundamental findings of Bruce Ackerman’s theory its application during the constitutional crisis in Poland is also impossible both in a descriptive as well as interpretive sense. Then, with references to Sujit Choudhry’s interpretation of Ackerman’s ‘higher lawmaking,’ the article will conclude that Poland may have a constitutional moment (in a descriptive sense only) at the end of constitutional crisis and the need to restore the rule of law.},
doi = {},
url = {https://ejournals.eu/en/journal/przeglad-konstytucyjny/article/constitutional-moment-and-the-polish-constitutional-crisis-2015-2018-a-few-critical-remarks}
}