Wojciech Sadurski (born 5 June 1950) is a Polish and Australian scholar of constitutional law. As of 2023, he is Challis Professor in Jurisprudence at the University of Sydney [1] and Professor in the Centre for Europe in the University of Warsaw.
Wojciech Sadurski (born 5 June 1950) is a Polish and Australian scholar of constitutional law. As of 2023, he is Challis Professor in Jurisprudence at the University of Sydney [1] and Professor in the Centre for Europe in the University of Warsaw.
Sadurski was born on 5 June 1950 in Warsaw; [2] his father was a peasant farmer. [3] Sadurski emigrated to Australia in 1981 and holds dual citizenship. [4] According to Associated Press, Sadurski is "a law professor of international renown". [5] He has written several books on constitutional law and has served as a visiting professor at Yale Law School, New York University Law School, Cardozo Law School, and University of Trento. He first gained tenure at the Department of Jurisprudence at the University of Sydney, then under Alice Erh-Soon Tay. From 1999 to 2009 he was a professor at European University Institute in Florence and, from 2003 to 2006, the dean of the Faculty of Law of the European University Institute. [6] [2] As of 2020, he is Challis Professor in Jurisprudence at the University of Sydney and Professor in the Centre for Europe in the University of Warsaw. [6]
Sadurski is on the editorial board of European Law Journal, Politics, Philosophy and Economics, and Law and Philosophy Library. Since 2011, he chairs the academic advisory board of Community of Democracies. [6]
Sadurski is a vocal critic of the Law and Justice (PiS) party in Poland, [4] [5] which he describes as autocratic and authoritarian. [7] In 2019, he published a book with Oxford University Press titled "Poland's Constitutional Breakdown". [8] [9] The book was translated into Polish by Anna Wójcik; the Polish edition was published in October 2020. [10] Three cases have been brought against him by the ruling party and those affiliated with it. According to Sadurski, the cases "are totally and unambiguously politically motivated. Further, I believe that they are coordinated and syncronised." [11] PiS has also brought libel cases against other critics of the government. [11]
Hundreds of law professors signed a letter in support of Sadurski, stating that there was "a coordinated harassment campaign by the Polish ruling party against a well-known and respected academic who has clearly struck a nerve with his powerful critique of the situation in his native country". [4] [16] [11] According to the open letter, the cases have little chance to succeed if appealed to the European Court of Human Rights or an EU court, because freedom of speech is guaranteed by treaties to which Poland is a party. [16] Questions about Sadurski's case have been raised in the European Parliament [17] and Dutch Parliament. [18] The Human Rights Institute of the International Bar Association also called for charges against Sadurski to be dropped. Former Australian High Court judge Michael Kirby commented: "Poland’s citizens, including Professor Sadurski, must always have the ability to criticise the government without fear of retribution or imprisonment." [19] Scholars at Risk characterizes the prosecution of Sadurski as "apparent retaliation for the peaceful exercise of the right to freedom of expression" and states that state crackdowns on free expression cause "a chilling effect on academic freedom and undermine democratic society generally". [20]
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France.
Wojciech Witold Jaruzelski was a Polish military general, politician and de facto leader of the Polish People's Republic from 1981 until 1989. He was the First Secretary of the Polish United Workers' Party between 1981 and 1989, making him the last leader of the Polish People's Republic. Jaruzelski served as Prime Minister from 1981 to 1985, the Chairman of the Council of State from 1985 to 1989 and briefly as President of Poland from 1989 to 1990, when the office of President was restored after 37 years. He was also the last commander-in-chief of the Polish People's Army, which in 1990 became the Polish Armed Forces.
Law and Justice is a right-wing populist and national-conservative political party in Poland. Its chairman is Jarosław Kaczyński.
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The term "illiberal democracy" describes a governing system that hides its "nondemocratic practices behind formally democratic institutions and procedures". There is a lack of consensus among experts about the exact definition of illiberal democracy or whether it even exists.
Lesbian, gay, bisexual, and transgender (LGBT) people in Poland face legal challenges not experienced by non-LGBT residents. According to ILGA-Europe's 2023 report, the status of LGBTQ rights in Poland is the worst among the European Union countries.
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Renate Weber is a Romanian lawyer and human rights activist who, in November 2007, was elected as Member of the European Parliament. She is the first Romanian appointed as Chief of an EU Election Observation Mission. Between 2004–2005 she was Advisor on constitutional and legislative matters to then President of Romania, Traian Băsescu. She previously served as the Romanian Ombudsman as well from June 2019 until mid June 2021.
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
The judiciary of Poland are the authorities exercising the judicial power of the Polish state on the basis of Chapter 8 of the Constitution of Poland. As in almost all countries of continental Europe, the Polish judiciary operates within the framework of civil law.
Parliamentary elections were held in Poland on 25 October 2015 for the eighth term of the Sejm and Senate, which ran from 12 November 2015 until 2019.
Adam Piotr Bodnar is a Polish lawyer, educator, human rights activist and politician who currently serves as Minister of Justice. He was the 7th Polish Ombudsman from 2015 until July 2021.
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Ran Hirschl is a political scientist and comparative legal scholar. He is the David R. Cameron Distinguished Professor of Law and Politics at the University of Toronto. Previously, he held the Canada Research Chair in Constitutionalism, Democracy and Development at the University of Toronto. He is the author of several major books and over one hundred and fifty articles on constitutional law and its intersection with comparative politics and society. In 2014, he was elected a Fellow of the Royal Society of Canada. In 2021, he was awarded the Stein Rokkan Prize for Comparative Social Science Research for his book City, State: Constitutionalism and the Megacity.
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National Identity Clause is a legal principle enshrined in article 4(2) of the Treaty on European Union. Its original purpose can be linked to the protection of cultural identity, apparently threatened by the free movement of services and goods in the cultural domain. It was supposed to prevent EU competence creep in the areas belonging to complementary competencies. Today it is most typically associated with limits to European integration and protection of core competences of the nation states within the EU.
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