Constitutionally conforming interpretation in Poland

We analyse how constitutionally conforming interpretation (‘CCI’) is understood in the Polish theory of legal interpretation and how it is applied by the Polish courts.
Moreover, given that Poland has been in a state of turbulent constitutional crisis in recent years, we show how CCI evolved into a tool for defending the rule of law against the onslaught of the executive and legislative branches. This is partly achieved by analysing the altered perception of CCI within legal academia since the Law and Justice party came to power in 2015, and in particular, the tendency to use CCI as a tool to decentralise constitutional review and circumvent a subjugated and submissive Constitutional Tribunal. We also attempt to determine whether this change in perception has influenced the decisions of the courts. This last aim is realized by a quantitative analysis of Polish case law that scans the linguistic corpus of court decisions and by measuring the frequency with which judges employ CCI.