University of Warsaw
Keywords: Constitutional law, human rights, populism, rule of law, democracy
Constitutional Populism in Europe
Adam Krzywon is Assistant Professor at the University of Warsaw, Department of Constitutional Law. He obtained his PhD in 2010 at University of Warsaw with a thesis on the constitutional principles of taxation. In 2018, he was awarded the habilitation title in Law with a book concerning the constitutional protection of labour and workers’ rights. Since 2010, he has been a visiting professor at numerous Spanish and Latin American universities, including Universidad Panamericana in Mexico, Universidad Nacional Autónoma de México, Universidad Carlos III de Madrid and Universidad Complutense de Madrid. He worked in the Polish Constitutional Tribunal (2007-2008), in the office of the Polish Commissioner for Human Rights (2008-2010), and from 2010 to 2018 he was a secretary and member of the Polish Prime Minister’s Legislative Council, where he was responsible for drafting opinions concerning governmental legislative proposals. The main areas of his recent research activity are constitutional populism, judicial independence, constitutional social rights as enforceable rights, freedom of expression and its limits.
The proposed research deals with the current problem of a rising tide of populism in many European countries and its influence on constitutional values and institutions. It seems that populism has become one of the central problems in a number of European countries. The present proposal is to study populism as a political phenomenon and its influence on constitutional legal systems. The aim of the first part of the research is to determine the manifestations of populism and its causes (social and economic). In the second part of the study, it is necessary to analyse, which specific legal mechanisms can be used to prevent the progressive backsliding of the liberal and pluralist constitutional orders in Europe. This part of the research would concentrate on specific constitutional tools, legal mechanisms and strategies that could be provided by a constitution to protect against the risk of populism. It is especially important to look for instruments that assure that the rule of law will still constitute a framework for the decision-making process.
A. Krzywon, ‘La crisis constitucional en Polonia (2015-2017): Como cuestionar el sistema del equilibrio constitucional en dos años’, 41 Teoría y Realidad Constitucional (2018), p. 359–379.
A. Krzywon, ‘Polonia ante el Tribunal Europeo de Derechos Humanos’, in Francisco Javier Matia Portilla and Ignacio Álvarez Rodríguez (eds.), Informes nacionales europeos sobre el Tribunal Europeo de Derechos Humanos (Alemania, España, Francia, Italia, Polonia) (Tirant Lo Blanch 2018), p. 129–156.
A. Krzywon, Konstytucyjna ochrona pracy i praw pracowniczych [Constitutional Protecion of Labour and Workers’ Rights] (Wolters Kluwer Warszawa 2017), 566 pp.
A. Krzywon, ‘Fuentes del constitucionalismo moderno: la Constitución polaca del 3 de mayo de 1791 sobre el fondo de otros documentos de la época de la Ilustración’, 29 Revista Mexicana de Historia del Derecho (2014), p. 183–210.