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

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

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 legislat...

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Bibliographic Details
Main Author: Sweeney Richard J.
Format: Article
Language:English
Published: Sciendo 2018-11-01
Series:Economics and Business Review
Subjects:
poland
constitutional law
constitutional court
constitutional rights
supreme court compliance
judiciary
court packing
european union
united states
Online Access:https://doi.org/10.18559/ebr.2018.4.1
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spelling doaj-c46d5e416e4d4e46bba567555cb07b532021-09-05T17:19:27ZengSciendoEconomics and Business Review2450-00972018-11-014432910.18559/ebr.2018.4.1ebr.2018.4.1Constitutional conflicts in the European Union: Court packing in Poland versus the United StatesSweeney Richard J.0McDonough School of Business, Georgetown University,Washington D.C., USACourt 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.https://doi.org/10.18559/ebr.2018.4.1polandconstitutional lawconstitutional courtconstitutional rightssupreme court compliancejudiciarycourt packingeuropean unionunited states
collection DOAJ
language English
format Article
sources DOAJ
author Sweeney Richard J.
spellingShingle Sweeney Richard J.
Constitutional conflicts in the European Union: Court packing in Poland versus the United States
Economics and Business Review
poland
constitutional law
constitutional court
constitutional rights
supreme court compliance
judiciary
court packing
european union
united states
author_facet Sweeney Richard J.
author_sort Sweeney Richard J.
title Constitutional conflicts in the European Union: Court packing in Poland versus the United States
title_short Constitutional conflicts in the European Union: Court packing in Poland versus the United States
title_full Constitutional conflicts in the European Union: Court packing in Poland versus the United States
title_fullStr Constitutional conflicts in the European Union: Court packing in Poland versus the United States
title_full_unstemmed Constitutional conflicts in the European Union: Court packing in Poland versus the United States
title_sort constitutional conflicts in the european union: court packing in poland versus the united states
publisher Sciendo
series Economics and Business Review
issn 2450-0097
publishDate 2018-11-01
description 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.
topic poland
constitutional law
constitutional court
constitutional rights
supreme court compliance
judiciary
court packing
european union
united states
url https://doi.org/10.18559/ebr.2018.4.1
work_keys_str_mv AT sweeneyrichardj constitutionalconflictsintheeuropeanunioncourtpackinginpolandversustheunitedstates
_version_ 1717786655179407360

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