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Reinstating the Rule of Law: Challenges, Dilemmas and Strategies in Poland and Beyond

Edited by: Paulina Starski, Johannes Voehler

ISBN13: 9781509991105
To be Published: December 2026
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00





This book offers an in-depth understanding of the challenges, dilemmas and strategies of reinstating the rule of law after the dismantling of a constitutional order.

Drawing on the case of Poland's democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State.

After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states' transitions to come.

Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond.

Subjects:
Constitutional and Administrative Law, European Jurisdictions, Poland
Contents:
Introduction
Paulina Starski and Johannes Vöhler (University of Freiburg, Germany)

Part I: The Polish Judiciary in Transition
1. Two Steps Forward, One Step Back: Reflections on the Rule of Law Recovery in Poland
Adam Bodnar (SWPS University, Poland)
2. Rule of Law Transition Processes in Recent Polish History
Wojciech Sadurski (University of Warsaw, Poland)
3. Striking a Balance: Proportionality as Guiding Principle for Reinstating the Rule of Law in Poland
Barbara Grabowska-Moroz (Central European University Democracy Institute, Hungary)
4. Rebuilding the Polish Constitutional Tribunal
Marcin Szwed (University of Warsaw, Poland)
5. Spotlight: Reinstating the Rule of Law in Poland – Mapping the Discourse
Aleksandra Kustra-Rogatka (Nicolaus Copernicus University, Poland)

Part II: Comparative Insights
6. Constitutional Repair in Poland: Navigating a New Paradigm
Tom Gerald Daly (Melbourne Law School, Australia)
7. Rule of Law Practices in Comparative Perspective
Rodrigo Garcia Cadore (University of Freiburg, Germany)
8. From Poster Child to Problem Child: The Oscillating Rule of Law in Recent Hungarian History
Petra Bárd (Radboud University Nijmegen, the Netherlands)

Part III: Legal Culture and Communication
9. We Have Found the Enemy – It Is Us, All of Us Together
András Jakab (University of Salzburg, Ausria)
10. Constitutional Culture and Constitutional Communication in Phases of Transition
Gabriele Britz (Goethe University, Germany)
11. Reinstating the Rule of Law in Poland: A Media Freedom Perspective
Anna Wójcik (Kozminski University, Poland)
12. Spotlight: Navigating the Transition Dilemma in the Polish Media – A Comment on Anna Wójcik's Chapter
Kaja Kazmierska (Ernst & Young, Beligum)

Part IV: Theoretical Foundations
13. Spotlight: Constitutional Dilemmas
Anna-Bettina Kaiser (Humboldt University of Berlin, Germany)
14. Against Constitutional Moments
Christoph Bezemek (University of Graz, Austria)
15. Spotlight: Is the Polish Rule of Law Crisis a Constitutional Moment?
Rike Sinder (University of Freiburg, Germany)

Part V: Supranational Actors
16. From Regression to Restoration: The Dynamic Role of EU Values in Reinstating Constitutional Democracy
Luke Dimitrios Spieker (Humboldt University of Berlin, Germany)
17. EU Lawlessness Law in the Sheepskin of the Rule of Law
Dimitry V Kochenov (Central European University Democracy Institute, Hungary)
18. A Constructive Counterpoint to Dimitry V Kochenov's 'EU Lawlessness Law in the Sheepskin of the Rule of Law'
Thomas Mollenhauer (University of Freiburg, Germany)
19. Fortified or Defenceless? Liberal International Organisations' Responses to Illiberal Challenges from Within
Diana Panke and Tainá Siman (The Free University of Berlin, Germany)

Concluding Remarks
Miroslaw Wyrzykowski (University of Warsaw, Poland)

Series: Hart Studies in Comparative Public Law

£81.00

Due to a technical issue some ebooks are not available to order.

Federal Impartiality: Navigating Divisive Rights in the EU and the US ISBN 9781509987283
Published April 2026
Hart Publishing
£90.00
Judicial Review and Electoral Law in a Global Perspective ISBN 9781509957927
Published September 2025
Hart Publishing
£44.99
Constitutional Courts, Media and Public Opinion ISBN 9781509953646
Published June 2025
Hart Publishing
£44.99
£67.49

Due to a technical issue some ebooks are not available to order.

Out of print

Due to a technical issue some ebooks are not available to order.

Judicial Review and Electoral Law in a Global Perspective ISBN 9781509957880
Published March 2024
Hart Publishing
£100.00
Constitutional Courts, Media and Public Opinion ISBN 9781509953608
Published November 2023
Hart Publishing
£100.00
Constitutional Courts, Media and Public Opinion (eBook) ISBN 9781509953615
Published November 2023
Hart Publishing
£40.49

Due to a technical issue some ebooks are not available to order.

£40.49

Due to a technical issue some ebooks are not available to order.

£38.69

Due to a technical issue some ebooks are not available to order.

The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509944552
Published March 2022
Hart Publishing
£33.99
£37.99
The Role of Monarchy in Modern Democracy: European Monarchies Compared (eBook) ISBN 9781509931026
Published September 2020
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
Published September 2020
Hart Publishing
£90.00
Australian Constitutional Values
Edited by: Rosalind Dixon
ISBN 9781509939510
Published June 2020
Hart Publishing
£49.99
Out of print

Due to a technical issue some ebooks are not available to order.

Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
Hart Publishing
£35.99
The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
Published December 2019
Hart Publishing
£41.99
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
Published November 2019
Hart Publishing
£74.99
£49.99
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
Published September 2019
Hart Publishing
£41.99
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
£41.99
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£49.99
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£140.00
£74.99
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published September 2018
Hart Publishing
£90.00
Human Rights in the UK and the Influence of Foreign Jurisprudence (eBook) ISBN 9781509904952
Published September 2018
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

£90.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£39.99
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£39.99
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£110.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£37.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£95.00
Out of print

Due to a technical issue some ebooks are not available to order.

£160.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£34.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£41.99
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£100.00
Out of print

Due to a technical issue some ebooks are not available to order.

£150.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£43.99
£130.00
Out of print

Due to a technical issue some ebooks are not available to order.

Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£100.00
Out of print

Due to a technical issue some ebooks are not available to order.

Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£100.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

£100.00
Out of print

Due to a technical issue some ebooks are not available to order.

Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£130.00
Out of print

Due to a technical issue some ebooks are not available to order.

Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£95.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£100.00
Out of print

Due to a technical issue some ebooks are not available to order.

Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£95.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Out of print

Due to a technical issue some ebooks are not available to order.

The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£100.00
Out of print

Due to a technical issue some ebooks are not available to order.

The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£110.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£110.00
Out of print

Due to a technical issue some ebooks are not available to order.

Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published February 2015
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published February 2015
Hart Publishing
£64.99
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
Out of print
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£100.00
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£170.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
Out of print

Due to a technical issue some ebooks are not available to order.

The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
Out of print