Co pozostało z Konstytucji RP? Diagnoza i terapia
What is left of the Polish Constitution today? Assessment and therapy

Summary/Abstract: This article discusses the evolution of the Polish Constitution of 1997 as well as of the constitutional practice under the populist government (2015–2023). A brief presentation of the recent Report, submitted by the Polish Association of Constitutional Law (Part 1) is followed by consideration of the nature of the so-called abusive constitutionalism (Part 2). Although it is undisputed that the Polish version of abusive constitutionalism has heavily affected the political reality of Poland, it could not affect the validity of the original Constitution. The new reality is simply unconstitutional in many aspects and, therefore, remedial measures are necessary to restore the constitutional rule. Part 3 is focused on the assessment of the nature and scope of deformations which affected each of the three branches of government. It is concluded (Part 4) that the intensity of remedial measures must remain in a reasonable balance to the intensity of deformation of the each of the institutions or organs of the State. The widest scope of “remedial discretion” is applicable in reforming of those institutions (such as the National Judicial Council, the “new” chambers of the Supreme Court), and the Constitutional Court) whose constitutional identity has been damaged in an irrevocable manner.

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