Constitutional conflicts in the European Union: Court packing in Poland versus the United States

Economics and Business Review

Sweeney Richard J.¹ 

[1] McDonough School of Business, Georgetown University,Washington D.C., USA;

关键词: poland;    constitutional law;    constitutional court;    constitutional rights;    supreme court compliance;    judiciary;    court packing;    european union;    united states;   

DOI  :  10.18559/ebr.2018.4.1

来源: DOAJ

【 摘 要 】

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.

【 授权许可】

Unknown