Wykładnia wroga wobec konstytucji. Elementy analizy zakresowej i studium przypadku
Constitution-hostile Interpretation. Elements of an Extensional Analysis and Case Study

Summary/Abstract: The concept of Constitution-hostile interpretation, which is a certain political strategy, was introduced in 2017 by Jerzy Zajadło. The characteristics of Constitution-hostile interpretation include, among others, its deliberate nature, the bad faith of state bodies, the breaking of interpretative paradigms, and the introduction of clearly unconstitutional normative acts into the legal system. This strategy is a highly dangerous phenomenon for the legal order and for citizens. The Constitution-hostile interpretation is a relatively new phenomenon, and the threats it brings with call for a detailed analysis of its relations with the concepts already well established in legal sciences. The theoretical analysis presented in the paper primarily covers the issues of the meaning and scope of this concept and its relationship to the concepts of interpretation of statutes in accordance with the constitution and pro-constitutional interpretation. Defining the scope of the concept of Constitution-hostile interpretation allows for the recognition and in-depth understanding of the actions of state bodies opposed to the pro-constitutional interpretation of the law. The Constitution-hostile interpretation is one of the elements of the ongoing Polish constitutional crisis. In his works Zajadło identified several examples of the Constitution-hostile interpretation from 2015 to 2022, but analyses show that it is still being implemented by the highest state authorities. A case that clearly shows not only all the elements of the Constitution-hostile interpretation, but also how dangerous this strategy is, is the well-known case of Chief National Prosecutor Dariusz Barski, in which several court rulings (up to ref. no. I KZP 3/24) and tribunal rulings (up to ref. no. SK 13/24) have already been made. According to the authors, these rulings continue and develop the phenomenon of the Constitution-hostile interpretation.

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