CONSTITUTIONAL CONFLICTS IN THE EUROPEAN UNION: COURT PACKING IN POLAND VS. THE UNITED STATES Cover Image

CONSTITUTIONAL CONFLICTS IN THE EUROPEAN UNION: COURT PACKING IN POLAND VS. THE UNITED STATES
CONSTITUTIONAL CONFLICTS IN THE EUROPEAN UNION: COURT PACKING IN POLAND VS. THE UNITED STATES

Author(s): Richard Sweeney
Subject(s): Economy
Published by: Wydawnictwo Uniwersytetu Ekonomicznego w Poznaniu

Summary/Abstract: Court packing greatly threatens democracy. This paper examines, compares and draws conclusions from two attempts: The PiS government is near to packing Polish courts; President Roosevelt tried but failed to pack the U.S. Supreme Court in 1937. In most democracies a head of government with a legislative majority and strong party control can pack courts, giving complete control. The United States escaped; Roosevelt lacked complete party control. Poland is unlucky; PiS is strongly controlled. Peaceful domestic protest is necessary, but Poland’s hope is from EU-level institutional pressure, supported by major democracies, to reverse packing and prevent further seizure of power.

  • Issue Year: 4/2018
  • Issue No: 4
  • Page Range: 3-29
  • Page Count: 26
  • Language: English
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