Diffuse Constitutional Review in Light of Poland’s Constitutional Court Crisis
Diffuse Constitutional Review in Light of Poland’s Constitutional Court Crisis

Summary/Abstract: This gloss comments on the judgment of a common court disapplying a duly enacted statuteas incompatible with the Constitution. The court also decided to disapply the ConstitutionalCourt’s judgment on the same subject because of the participation of a person elected to analready occupied seat. The District Court’s intention was to substitute itself for a ConstitutionalCourt stripped of independence and impartiality. The intention was to protect the supremacyof the Constitution, human rights, and the rule of law. The purpose of this gloss is to examinemore closely this new practice from the courts and the circumstances surrounding it. The actionstaken by the courts lead to the propagation of the diffuse constitutional review of ordinarystatutes as a sort of protective mechanism within a constitutional democracy.

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