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  1. 1 Economics and Business Review

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  1. 1 Sweeney R. J.

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  1. 1 2018

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

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Sweeney R. J.
Economics and Business Review
|
2018
|
vol. 4(18)
|
issue 4
3-29
EN
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.
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