Constitutional Interpretation and Enforcement

Abstract

This chapter analyzes the constitutional jurisprudence of the Tribunal. Part A traces the Tribunal’s evolution from an initially unadventurous body to an increasingly activist judicial institution willing to challenge political bodies, build constitutional doctrine, and give normative effect to the Constitution. Part B examines the Tribunal’s interpretation of the Polish Constitution’s Rechtsstaat clause and its enforcement of the constitutional ‘principle of equality’ which bans discrimination on the basis of race, sex, education, or religion. This part also analyzes the Tribunal’s protection of substantive rights arising from the due process and equal protection guarantees of the Constitution. Part C considers the increasingly political role of the Tribunal’s jurisprudence as it addresses controversial constitutional issues and more aggressively reviews parliamentary statutes. Part D concludes by identifying several procedural and jurisdictional changes that would strengthen the role of judicial review in democratic institutionalization in Poland.