{"title":"Polarization and rule of law crisis-insights from Poland.","authors":"Magdalena Solska","doi":"10.1007/s12286-025-00630-5","DOIUrl":null,"url":null,"abstract":"<p><p>Most scholarly arguments related to the judicial reform in Poland highlight intentional demolition of democratic standards by the PiS-led government and the subordination of the judiciary to the executive. This article puts forward a theoretical argument that factors polarizing strategy of incumbents and opposition into the analysis of the rule of law crisis. Whereas PiS-led government is responsible for devastation of the judiciary undermining the rule of law in the country, the new government's continued polarizing strategy is counterproductive to the strengthening of the rule of law. This is linked to the very nature of rule of law, which implies an unwritten compromise between legal and political elite regarding their role in law creation in the constitutional praxis.</p>","PeriodicalId":44200,"journal":{"name":"Zeitschrift fur Vergleichende Politikwissenschaft","volume":"19 2","pages":"201-216"},"PeriodicalIF":0.7000,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12391201/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Zeitschrift fur Vergleichende Politikwissenschaft","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s12286-025-00630-5","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2025/4/2 0:00:00","PubModel":"Epub","JCR":"Q2","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
引用次数: 0
Abstract
Most scholarly arguments related to the judicial reform in Poland highlight intentional demolition of democratic standards by the PiS-led government and the subordination of the judiciary to the executive. This article puts forward a theoretical argument that factors polarizing strategy of incumbents and opposition into the analysis of the rule of law crisis. Whereas PiS-led government is responsible for devastation of the judiciary undermining the rule of law in the country, the new government's continued polarizing strategy is counterproductive to the strengthening of the rule of law. This is linked to the very nature of rule of law, which implies an unwritten compromise between legal and political elite regarding their role in law creation in the constitutional praxis.
期刊介绍:
Comparative Governance and Politics – Zeitschrift für Vergleichende Politikwissenschaft (ZfVP) was founded in 2007. It is an internationally renowned journal that adheres to the highest standards of quality (double-blind peer review). The journal is published quarterly, and it is the first bilingual (German and English) journal that focuses on innovative research results in the area of comparative politics.
The journal is a central academic forum for outstanding research achievements in the field of comparative politics, and covers the entire range of comparative research within the field. The journal publishes conceptual, methodological, and empirical studies from all the various research areas within the discipline of political science.
Special Issues and Special Sections
Special Issues and Special Sections offer the opportunity to present focal topics of comparative research. All submissions undergo a double-blind peer review procedure, which is conducted within the scope of a consultation between the author and the editors through our online submission system.
The editors will also initiate the creation of potential special issues through open calls for papers. At the same time, the editors always appreciate suggestions and initiatives from the comparative studies community. Proposals for Special Issues and Special Sections are also subjected to an internal evaluation process. Our Special Issues are published as one of the four quarterly issues and usually consist of six to ten articles, accompanied by an introduction written by the guest editor(s). Special Sections, on the other hand, are a topical focus in one of the four quarterly issues, consisting of three to five articles, which are supplemented by a guest editor’s preface.