judicial review

  • Political Process, Crisis and Legitimacy in Poland

    Author: Hector Calleros
    Institution: University of Warsaw (Poland)
    ORCID: https://orcid.org/0000-0001-5689-5075
    Year of publication: 2020
    Source: Show
    Pages: 71-91
    DOI Address: https://doi.org/10.15804/ppsy2020205
    PDF: ppsy/49-2/ppsy2020205.pdf

    The paper examines the conflict over the control of the integration of Poland’s Constitutional Tribunal (CT) that evolved into a constitutional crisis in October 2015 - and has extended for more than two years. It identifies issues that help understand how the Polish Democracy does not impede the erosion of constitutional democracy as the conflict has undermined the CT and the function of judicial review (JR). The article examines issues of legitimacy that emerge from the crisis; it also examines the extent to which the institutional settings condition the operation of the JR function; in particular, it looks at the role of executive actors (the Government and the President), and the role of the political/parliamentary party in bridging the separation of powers.

  • Searching for Progress: Progressivism and the U.S. Supreme Court Jurisprudence (Some Remarks)

    Author: Edyta Sokalska
    Institution: Warmia and Mazury University in Olsztyn
    ORCID: https://orcid.org/0000-0003-0903-7726
    Year of publication: 2020
    Source: Show
    Pages: 443-462
    DOI Address: https://doi.org/10.15804/ppk.2020.05.33
    PDF: ppk/57/ppk5733.pdf

    In American legal historiography, the debate concerning the exact contours and reforms of the Progressive Era is still ongoing. In the late 19th and early 20th centuries, the American reform movements tried to match American ideals with the challenges of the times. Although progressive attitudes toward the economy, taxation, foreign policy, labor law, social standards, human rights, women’s suffrage, rapid urbanization and unrestricted immigration highlighted the necessity of reforms, such progress was seen from a variety of perspectives. We may ask the question if American legal thought that time was really progressive. The jurisprudence of the U.S. Supreme Court profoundly influenced the shape of the legal order in economic and labor law. Unfortunately, some decisions were not compatible with the visions of progressive reformers and reflected the ideological attitudes of the justices rather than an aspiration for reform.

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