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

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  • 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
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