Skip to main content

Photo:W drodze na Wawel“, by Piotr Drabik, licensed under CC BY 2.0, Hue modified from the original.

Kustra-Rogatka, Aleksandra. “The Hypocrisy of Authoritarian Populism in Poland: Between the Facade Rhetoric of Political Constitutionalism and the Actual Abuse of Apex Courts.” European Constitutional Law Review 19, no. 1 (2023): 25-58.


A discernible rift between the rhetoric of political constitutionalism and the real policy of authoritarian populists – The rhetoric focused on political constitutionalism and popular sovereignty as a façade and a utilitarian argument justifying the introduction of counter-constitutional changes through statute laws – Captured apex courts turned into useful devices of power consolidation – The analysis of the Constitutional Tribunal and the Supreme Court – The Constitutional Tribunal as an ‘inverted court’ used increasingly often to actively shape the government’s Eurosceptic policy – A double face of the Supreme Court – The new Chambers of the Supreme Court introduced to be politically abused by authoritarian populists – Systemic interactions between two captured apex courts have a synergy effect with regard to the process of the denormativisation of the constitution – The deepening politicisation of the apex courts creates a favourable environment for further rule of law deterioration.

The Illiberalism Studies Program studies the different faces of illiberal politics and thought in today’s world, taking into account the diversity of their cultural context, their intellectual genealogy, the sociology of their popular support, and their implications on the international scene.