The Polish case of the judicialization of politics. The impact on electoral law

https://doi.org/10.26485/SW/2018/25/1

Abstract

_{In the essay the author points out, that judiciary plays a key role for constitutional system in the scope of resolving of disagreement by a neutral arbiter. Nevertheless, the role of judiciary should not change. In a representative democracy, judiciary should not substitute the political process. If it does, one could identify the deviation from judicialization of politics: juristocracy, politicization of judiciary or special kind of judicialization of politics. The author recognizes the third deviation in Poland since 2015. Additionally, she points out that electoral law can be negatively affected by shifted role of judiciary.}