The current assault on the independence of the judiciary by Poland’s ruling Law and Justice (PiS) party has drawn thousands of people to the streets. This attack has rightly been denounced as undermining the principle of separation of powers and the system of checks and balances. However, rather than interpreting it either as an assault on the republican and liberal democratic principles in the search for unrestrained power, or a blitzkrieg against the courts (the standard liberal democratic criticisms), it should be viewed as an element of a broad and comprehensive regime change. It is the latest – but probably not the last – step in the so-called “good change” PiS have been busy with since their electoral victory in 2015. [...]
The changes also blur the boundaries between different branches, as the executive extends its reach over others and becomes involved in their functioning. Importantly, and again as recent political practice has shown, in this PiSocracy, elections are reduced to a plebiscite and electoral victory is considered a mandate to pursue whatever policies the winner desires, despite potential opposition and criticism. At the same time, civic engagement is to be limited to cheering at state-sponsored rallies, like the one organized to welcome Donald Trump or the hate shows during the monthlies of the Smolensk crash, and any independence non-governmental associations might have will be diminished. [...]
Ironically, however, the way in which this change is implemented simply destroys state institutions. In a revolutionary fervor, loyalty to the party is favored over competence – crown examples of which are Julia Przyłębska, the chief justice of the Constitutional Tribunal who does not even have a doctorate in law or Bartłomiej Misiewicz, the ex-spokesman of the Ministry of Defense who has not even finished college despite studying at three different schools. In the propaganda war against the still independent institutions, the regime targets their prestige and legitimacy. Finally, the constitutionally defined hierarchy of power has been replaced by party hierarchy.
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