Dilemmas of constitutional necessity. Remarks on Polish experience

A characteristic feature of the rule of law crisis in Poland is that laws have been enacted which impart to lawlessness the form of binding legislation and which blur the distinction between a legal order and disorder. In the process, actions violating the Constitution, particularly the judicial make-up, have been accorded constitutional guarantees. Thus, a subsequent removal of these changes might be questioned as unconstitutional. It is therefore imperative to consider the question of whether the Constitution begets the right to violate guarantees contained therein with a view to defending the Constitution. The goal is to determine if there exist such constitutional values that would allow equating practices which invoke the Constitution with actual violations of the Constitution. The paper attempts to identify the premises and limits to citing a state of constitutional necessity for the purpose of removing the consequences of constitutional crisis and restoring the rule of law.