Legal and political confl ict over the appointment of U.S. Supreme Court justice after Antonin Scalia’s death Cover Image

Prawno-polityczny spór wokół wyboru sędziego Sądu Najwyższego USA po śmierci Antonina Scalii
Legal and political confl ict over the appointment of U.S. Supreme Court justice after Antonin Scalia’s death

Author(s): Paweł Laidler
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: U.S. Supreme Court; constitutional review; appointment of Justices; checks and balances system; politicization of courts; judicial activism

Summary/Abstract: The article aims at analyzing legal and political sources, as well as consequences of the currentconfl ict between President Barack Obama and Republican Senators over the vacancy in the SupremeCourt after the death of Associate Justice Antonin Scalia. The Republican Party fears thatthe nomination made by Democratic president will shift the Court to the left, which, consideringactive judicial review by the Court, will have a crucial meaning for social, political and economicrelations in the country. The article defi nes legal and political relations between the executiveand legislative departments in the context of Supreme Court appointments, leading to fi ndings concerningpossible solution to the confl ict and facing the problem of politicization of constitutionalcourts.

  • Issue Year: 2016
  • Issue No: 3
  • Page Range: 21-44
  • Page Count: 24
  • Language: Polish