Prof. Wojciech Sadurski has said that violating the constitution is justified if it helps “clear out” the conservative Law and Justice (PiS), who, according to him, must never be allowed to return to power.
Sadurski accused the former PiS Prime Minister Mateusz Morawiecki of usurping power by attempting to form a government when his party did not have a majority to do so.
However, despite Sadurski’s claims, according to the constitution, it is Poland’s president who has the first right to nominate a prime minister and if the candidate fails to obtain a majority, that right is then transferred to parliament. This is what happened and Donald Tusk was duly elected as prime minister.
The academic who teaches law at Sydney University also appealed for “a determined effort” to clear the Polish state of PiS regardless of the constitution, saying that those who framed the constitution “hadn’t anticipated that barbarians would overthrow it” and therefore restoring its provisions and getting rid of the offenders was paramount over respecting every letter of the law.
When asked in what areas the new left-liberal government should violate the constitution and letter of the law, Sadurski responded: “The Constitutional Tribunal, the National Council of the Judiciary, the National Media Council, the National Broadcasting Council – these are all institutions that have been so deeply depraved by authoritarians that it will now be difficult to fix them in a democratic manner, in accordance with the letter of the law.”
He stated that the Constitutional Tribunal, the National Judicial Council and bodies regulating Poland’s public media have become “depraved” and must be taken over by any means necessary without regard to legal niceties.
“We democrats cannot become hostages of those who broke the constitution,” he concluded.
