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 SweeneySubject(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.
Journal: Economics and Business Review
- Issue Year: 4/2018
- Issue No: 4
- Page Range: 3-29
- Page Count: 26
- Language: English