Legislative Capture and Democratic Careening in Poland

Abstract

“Democratic careening” aptly captures Poland’s recent oscillation between liberal democracy, illiberalism, and efforts toward the recovery of liberal democratic norms. In contrast to the recent experience of Hungary, Poland’s hard right governing party was unable to amend the nation’s constitution as it attempted to consolidate power, so it relied on ordinary legislation and changes of personnel in the judiciary and other state institutions. This analysis shows how Poland’s complex constitutional framework, its elections, and the contentious politics of resistance contributed to the nation’s democratic resilience. I also reflect on the challenges faced by Poland’s new government in undoing illiberal changes while avoiding legal and political instability, highlighting the broader implications of this case for democratic theory and the study of illiberalism.