Year: 2024
Type: article
Abstract: Between 2015 and 2023, authoritarian backsliding triggered significant changes in the Polish judiciary, prompting some judges to adopt a new approach in their interpretation of the European Convention on Human Rights, both on and off bench, taking a more explicit stance as individual applicants against the Polish government in the European Court of Human Rights. This article employs the paradigm of relational legal consciousness, attributing this embrace of human rights law to judges’ interactions and relationships with various actors, including judicial associations, lawyers, human rights activists, and civil society. Furthermore, the article extends the concept of relationality in legal consciousness to encompass the intricate interplay between law and politics as intertwined social relations and practices. The article's original contribution lies in theorizing judicial legal consciousness in relation to authoritarian backsliding and the resultant liminality of structures and strategies for action.
Source: Journal of Law and Society
DOI: 10.1111/jols.12497
Author: AGNIESZKA KUBAL
Institution: University of Oxford
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,020
Award: G3552038465
OpenAlex ID: W4402932687