Constitutional Judiciary. Theory and Practice, ed. M. Granat, vol. IV Cover Image

Sądownictwo konstytucyjne. Teoria i praktyka, t. IV, red. M. Granat
Constitutional Judiciary. Theory and Practice, ed. M. Granat, vol. IV

Author(s): Krzysztof Eckhardt
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Health and medicine and law, Book-Review
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: constitution; constitutional crisis; state of emergency; Covid-19 pandemic;

Summary/Abstract: The review regards the monograph which is an effect of the 4th seminar of the „Round Table” organized by the Department of Constitutional Law at the Cardinal Stefan Wyszynski University in Warsaw under the supervision of Prof. Mirosław Granat. The seminar dealt with two issues: firstly, the crisis of Polish constitutionalism „in its basic dimensions,” and secondly, the issue of states of emergency in a comparative legal perspective (particularly in the context of the reaction of state authorities to the Covid-19 pandemic). The monograph contains eleven studies, four of which are devoted to the first problem. They describe precisely expressed, excellently justified and, above all, accurate arguments supporting the thesis about the ongoing deep crisis in the application of the Polish Constitution. The part of the monograph that addresses the institution of a state of emergency is a comprehensive analysis of this institution, taking into account its adequacy to the situation caused by the Covid-19 pandemic. It includes considerations of solutions adopted in Poland, Italy, the Federal Republic of Germany, and France. It also raises the question concerning the interference of international law in regulating the institution of a state of emergency and whether there is a qualitative difference in the manner of permissible restriction of human rights in the regulations provided for the situation of the normal functioning of the state and in the regulations applicable to states of emergency. The reviewed book is not only interesting but also inspiring. It will certainly reach a wide group of readers, not only „in the scientific circuit,” but also those interested in the practice of law application.

  • Issue Year: 20/2021
  • Issue No: 4
  • Page Range: 151-157
  • Page Count: 7
  • Language: Polish