Are we Having Fun? On the Aim of Legal Scholarship at the Time of a Constitutional Crisis
This study concerns the theoretical issues surrounding the ongoing constitutional debate in Poland, given fuel by the new Act on the Constitutional Court of the Republic of Poland, introduced shortly before the election defeat of the previous government coalition. The author focuses on three main issues: the construction of the authority; similarities and differences between the Constitutional Court and other courts; legal structures in periods of transition – in particular interim provisions and their types. Against this background, the author makes use of deductive techniques to raise and solve a rudimentary practical problem – the constitutionality of the solutions adopted by the relevant act.