Reinstating the Rule of Law
Challenges, Dilemmas and Strategies in Poland and Beyond
Will be published approx. on 24. December 2026
Book
Hardback
448 pages
978-1-5099-9110-5 (ISBN)
Description
This open access book offers an in-depth understanding of the challenges, dilemmas and strategies of reinstating the rule of law after the dismantling of a constitutional order.
Drawing on the case of Poland's democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State.
After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states' transitions to come.
Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond.
The ebook editions of this book are available open access under a CC BY-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Freiburg.
Drawing on the case of Poland's democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State.
After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states' transitions to come.
Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond.
The ebook editions of this book are available open access under a CC BY-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Freiburg.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Product notice
sewn/stitched
Cloth over boards
With dust jacket
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 25 mm
Weight
454 gr
ISBN-13
978-1-5099-9110-5 (9781509991105)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Paulina Starski is Associate Professor and Johannes Voehler is Research Assistant to Paulina Starski, both at the University of Freiburg, Germany.
Content
Introduction, Paulina Starski and Johannes Voehler (University of Freiburg, Germany)
Part I: The Polish Judiciary in Transition
1. Two Steps Forward, One Step Back: Reflections on the Rule of Law Recovery in Poland, Adam Bodnar (SWPS University, Poland)
2. Rule of Law Transition Processes in Recent Polish History, Wojciech Sadurski (University of Warsaw, Poland)
3. Striking a Balance: Proportionality as Guiding Principle for Reinstating the Rule of Law in Poland, Barbara Grabowska-Moroz (Central European University Democracy Institute, Hungary)
4. Rebuilding the Polish Constitutional Tribunal, Marcin Szwed (University of Warsaw, Poland)
5. Spotlight: Reinstating the Rule of Law in Poland - Mapping the Discourse, Aleksandra Kustra-Rogatka (Nicolaus Copernicus University, Poland)
Part II: Comparative Insights
6. Constitutional Repair in Poland: Navigating a New Paradigm, Tom Gerald Daly (Melbourne Law School, Australia)
7. Rule of Law Practices in Comparative Perspective, Rodrigo Garcia Cadore (University of Freiburg, Germany)
8. From Poster Child to Problem Child: The Oscillating Rule of Law in Recent Hungarian History, Petra Bard (Radboud University Nijmegen, the Netherlands)
Part III: Legal Culture and Communication
9. We Have Found the Enemy - It Is Us, All of Us Together, Andras Jakab (University of Salzburg, Ausria)
10. Constitutional Culture and Constitutional Communication in Phases of Transition, Gabriele Britz (Goethe University, Germany)
11. Reinstating the Rule of Law in Poland: A Media Freedom Perspective, Anna Wojcik (Kozminski University, Poland)
12. Spotlight: Navigating the Transition Dilemma in the Polish Media - A Comment on Anna Wojcik's Chapter, Kaja Kazmierska (Ernst & Young, Beligum)
Part IV: Theoretical Foundations
13. Spotlight: Constitutional Dilemmas, Anna-Bettina Kaiser (Humboldt University of Berlin, Germany)
14. Against Constitutional Moments, Christoph Bezemek (University of Graz, Austria)
15. Spotlight: Is the Polish Rule of Law Crisis a Constitutional Moment?, Rike Sinder (University of Freiburg, Germany)
Part V: Supranational Actors
16. From Regression to Restoration: The Dynamic Role of EU Values in Reinstating Constitutional Democracy, Luke Dimitrios Spieker (Humboldt University of Berlin, Germany)
17. EU Lawlessness Law in the Sheepskin of the Rule of Law, Dimitry V Kochenov (Central European University Democracy Institute, Hungary)
18. A Constructive Counterpoint to Dimitry V Kochenov's 'EU Lawlessness Law in the Sheepskin of the Rule of Law', Thomas Mollenhauer (University of Freiburg, Germany)
19. Fortified or Defenceless? Liberal International Organisations' Responses to Illiberal Challenges from Within, Diana Panke and Taina Siman (The Free University of Berlin, Germany)
Concluding Remarks, Miroslaw Wyrzykowski (University of Warsaw, Poland)
Part I: The Polish Judiciary in Transition
1. Two Steps Forward, One Step Back: Reflections on the Rule of Law Recovery in Poland, Adam Bodnar (SWPS University, Poland)
2. Rule of Law Transition Processes in Recent Polish History, Wojciech Sadurski (University of Warsaw, Poland)
3. Striking a Balance: Proportionality as Guiding Principle for Reinstating the Rule of Law in Poland, Barbara Grabowska-Moroz (Central European University Democracy Institute, Hungary)
4. Rebuilding the Polish Constitutional Tribunal, Marcin Szwed (University of Warsaw, Poland)
5. Spotlight: Reinstating the Rule of Law in Poland - Mapping the Discourse, Aleksandra Kustra-Rogatka (Nicolaus Copernicus University, Poland)
Part II: Comparative Insights
6. Constitutional Repair in Poland: Navigating a New Paradigm, Tom Gerald Daly (Melbourne Law School, Australia)
7. Rule of Law Practices in Comparative Perspective, Rodrigo Garcia Cadore (University of Freiburg, Germany)
8. From Poster Child to Problem Child: The Oscillating Rule of Law in Recent Hungarian History, Petra Bard (Radboud University Nijmegen, the Netherlands)
Part III: Legal Culture and Communication
9. We Have Found the Enemy - It Is Us, All of Us Together, Andras Jakab (University of Salzburg, Ausria)
10. Constitutional Culture and Constitutional Communication in Phases of Transition, Gabriele Britz (Goethe University, Germany)
11. Reinstating the Rule of Law in Poland: A Media Freedom Perspective, Anna Wojcik (Kozminski University, Poland)
12. Spotlight: Navigating the Transition Dilemma in the Polish Media - A Comment on Anna Wojcik's Chapter, Kaja Kazmierska (Ernst & Young, Beligum)
Part IV: Theoretical Foundations
13. Spotlight: Constitutional Dilemmas, Anna-Bettina Kaiser (Humboldt University of Berlin, Germany)
14. Against Constitutional Moments, Christoph Bezemek (University of Graz, Austria)
15. Spotlight: Is the Polish Rule of Law Crisis a Constitutional Moment?, Rike Sinder (University of Freiburg, Germany)
Part V: Supranational Actors
16. From Regression to Restoration: The Dynamic Role of EU Values in Reinstating Constitutional Democracy, Luke Dimitrios Spieker (Humboldt University of Berlin, Germany)
17. EU Lawlessness Law in the Sheepskin of the Rule of Law, Dimitry V Kochenov (Central European University Democracy Institute, Hungary)
18. A Constructive Counterpoint to Dimitry V Kochenov's 'EU Lawlessness Law in the Sheepskin of the Rule of Law', Thomas Mollenhauer (University of Freiburg, Germany)
19. Fortified or Defenceless? Liberal International Organisations' Responses to Illiberal Challenges from Within, Diana Panke and Taina Siman (The Free University of Berlin, Germany)
Concluding Remarks, Miroslaw Wyrzykowski (University of Warsaw, Poland)