IDEAS home Printed from https://ideas.repec.org/a/vrs/ecobur/v4y2018i4p3-29n1.html
   My bibliography  Save this article

Constitutional conflicts in the European Union: Court packing in Poland versus the United States

Author

Listed:
  • Sweeney Richard J.

    (McDonough School of Business, Georgetown University,Washington D.C., USA)

Abstract

Court packing greatly threatens democracy. This paper examines, compares and draws conclusions from two attempts: The PiS government is near to packing Polish courts; President Roosevelt tried but failed to pack the U.S. Supreme Court in 1937. In most democracies a head of government with a legislative majority and strong party control can pack courts, giving complete control. The United States escaped; Roosevelt lacked complete party control. Poland is unlucky; PiS is strongly controlled. Peaceful domestic protest is necessary, but Poland’s hope is from EU-level institutional pressure, supported by major democracies, to reverse packing and prevent further seizure of power.

Suggested Citation

  • Sweeney Richard J., 2018. "Constitutional conflicts in the European Union: Court packing in Poland versus the United States," Economics and Business Review, Sciendo, vol. 4(4), pages 3-29, November.
    • Handle: RePEc:vrs:ecobur:v:4:y:2018:i:4:p:3-29:n:1
    DOI: 10.18559/ebr.2018.4.1
    as

    Download full text from publisher

    File URL: https://doi.org/10.18559/ebr.2018.4.1
    Download Restriction: no
    File URL: https://libkey.io/10.18559/ebr.2018.4.1?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Callais, Justin T. & Mkrtchian, Gor, 2024. "Court-packing and judicial manipulation," European Journal of Political Economy, Elsevier, vol. 83(C).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:vrs:ecobur:v:4:y:2018:i:4:p:3-29:n:1. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.sciendo.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.