War for the Constitutional Change

Name: War for the Constitutional Change
Start: 2022-07-05T09:30:00+02:00
End: 2022-07-05T11:00:00+02:00
Location: Building R

In a Democracy the Constitution seeks to determine the future and aspirations of the nation, and the constitutional courts must play their role in protecting these goals. The problem appears when they become ineffective (as this is in Poland) and cannot counteract unconstitutional laws. The Constitution in a Democracy could play a leading role while choosing the direction of the nation as demonstrated by the amendments of 2019 to the Ukrainian Constitution. The Russia’s dictator, who caused the war, has been inter alia demanding amendments to Ukraine’s Constitution, that would deny its current aspirations. Can a peace treaty ending a war whereby the Nation changes the Constitution be considered an acceptable factor for the democratic nature of democracy? Can the Constitution defend itself against unconstitutional amendments that lead the state in an undemocratic direction?In an authoritarian state dictators and illiberal governments are rewriting Constitutions.

Jolita MiliuvieneConstitutional amendments of Ukraine of 2019 and the War

The amendments of 2019 to the Ukrainian Constitution, confirming the European identity of the Ukrainian people and declaring the irreversibility of the European and Euro-Atlantic course of Ukraine, striving the purpose to develop and strengthen a democratic, social, law-based state, proves the Ukrainians‘ aspiration to be a member of western democratic community. The Russia's dictator, who caused the war, has been inter alia demanding amendments to Ukraine's Constitution, that would deny its current aspirations. The requirement presented by the aggressor to renounce the commitment to comply with chosen democratic tradition barely could be acceptable. Moreover, would such possible changes generated in the time of aggression be justified or whether the prohibition to change the constitution in the war time could be the salvation later, deciding on the constitutionality of such amendments?

Anna Rytel-WarzochaRole of the constitutional justice in the review of international treaties and constitutional amendments resulting from war

The aim of the paper is to determine the role of the constitutional court in the process of amending the constitution forced by war. It concerns the situation when the armed conflict ended with a peace treaty, as well as when a particular constitutional change is a condition of war termination imposed by the aggressor. What is the role of the constitutional court in the process of ratifying such an international treaty? Can the constitutional court assess the constitutionality of such an amendment? What could be the criteria of such scrutiny ?

Andrzej JackiewiczAmending the constitution as an effect of the peace treaty on the example of the constitutional system of the Republic of Poland

The paper discusses the issue of amending the constitution as a result of an international treaty ending a war on the example of the Polish legal order. The aim is to answer the question whether a peace treaty imposed as a result of an armed conflict, can become an element of the Polish legal order. How should the ratification of such an international agreement look like and whether it is allowed at all in the light of the Constitution of the Republic of Poland. The Polish Constitution in Article 9 provides that the Republic of Poland respects international law binding upon it. Does this provision requires or does it not allow to obey the international law imposed in this way? Is a change in the Constitution, forced by the threat of war, being the effect of such an imposed international agreement, although carried out in a formally correct procedure, legal? Does the Nation, accepting these provisions as imposed on it as a result of the war act in a free way?

Chair(s): Toma Birmontiene

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