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Wojciech Sadurski

Wojciech Sadurski (born 5 June 1950) is a Polish and Australian scholar of constitutional law. As of 2023, he is Challis Professor in Jurisprudence at the University of Sydney[1] and Professor in the Centre for Europe in the University of Warsaw.

Wojciech Sadurski in 2019

Academic career edit

Sadurski was born on 5 June 1950 in Warsaw;[2] his father was a peasant farmer.[3] Sadurski emigrated to Australia in 1981 and holds dual citizenship.[4] According to Associated Press, Sadurski is "a law professor of international renown".[5] He has written several books on constitutional law and has served as a visiting professor at Yale Law School, New York University Law School, Cardozo Law School, and University of Trento. He first gained tenure at the Department of Jurisprudence at the University of Sydney, then under Alice Erh-Soon Tay. From 1999 to 2009 he was a professor at European University Institute in Florence and, from 2003 to 2006, the dean of the Faculty of Law of the European University Institute.[6][2] As of 2020, he is Challis Professor in Jurisprudence at the University of Sydney and Professor in the Centre for Europe in the University of Warsaw.[6]

Sadurski is on the editorial board of European Law Journal, Politics, Philosophy and Economics, and Law and Philosophy Library. Since 2011, he chairs the academic advisory board of Community of Democracies.[6]

Criticism of the Polish government edit

Sadurski is a vocal critic of the Law and Justice (PiS) party in Poland,[4][5] which he describes as autocratic and authoritarian.[7] In 2019, he published a book with Oxford University Press titled "Poland's Constitutional Breakdown".[8][9] The book was translated into Polish by Anna Wójcik; the Polish edition was published in October 2020.[10] Three cases have been brought against him by the ruling party and those affiliated with it. According to Sadurski, the cases "are totally and unambiguously politically motivated. Further, I believe that they are coordinated and syncronised."[11] PiS has also brought libel cases against other critics of the government.[11]

  • A member of the disciplinary panel of the Polish supreme court opened an investigation against Sadurski at Warsaw University because he called the members of the disciplinary panel "losers".[12]
  • The party sued because Sadurski called it an "organized criminal group" that associated itself with neo-Nazis, in relation to the 2018 National Independence Day march which had significant far-right participation.[4][13] Sadurski commented, "the ruling party enjoys almost unlimited power and very wide material benefits. It lacks only one thing—the privilege of silencing its critics. This lawsuit is an attempt to seize this privilege." He stated that "I used the term organized crime group as a metaphor to describe activities that require synchronization and coordination of the actions of various political and state entities which, according to the constitution, should be separated from each other, but which, in my opinion, led to coordinated actions leading to the transformation of the democratic system into an authoritarian one." He also argued that if he lost the case, "paradoxically, it would confirm the correctness of my diagnosis".[14] Dozens of journalists, members of the opposition, and human rights activists were present at the trial.[5] The case was dismissed by the trial court, but the party appealed the verdict.[4]
  • The third case involves Sadurski's reference to "Goebbelsian" media after the assassination of Paweł Adamowicz. Although not named by Sadurski, the state-owned media company Telewizja Polska brought both criminal and civil suits for defamation. As of October 2020, the case is scheduled to be heard in December 2020.[4] (According to Reporters Without Borders' 2020 assessment, "Partisan discourse and hate speech are still the rule within state-owned media, which have been transformed into government propaganda mouthpieces.")[15]

Responses edit

Hundreds of law professors signed a letter in support of Sadurski, stating that there was "a coordinated harassment campaign by the Polish ruling party against a well-known and respected academic who has clearly struck a nerve with his powerful critique of the situation in his native country".[4][16][11] According to the open letter, the cases have little chance to succeed if appealed to the European Court of Human Rights or an EU court, because freedom of speech is guaranteed by treaties to which Poland is a party.[16] Questions about Sadurski's case have been raised in the European Parliament[17] and Dutch Parliament.[18] The Human Rights Institute of the International Bar Association also called for charges against Sadurski to be dropped. Former Australian High Court judge Michael Kirby commented: "Poland’s citizens, including Professor Sadurski, must always have the ability to criticise the government without fear of retribution or imprisonment."[19] Scholars at Risk characterizes the prosecution of Sadurski as "apparent retaliation for the peaceful exercise of the right to freedom of expression" and states that state crackdowns on free expression cause "a chilling effect on academic freedom and undermine democratic society generally".[20]

Works edit

  • Sadurski, Wojciech (1980). Neoliberalny system wartości politycznych (in Polish). Państwowe Wydawn. Naukowe. ISBN 978-83-01-01545-9.
  • Sadurski, Wojciech (1985). Giving Desert Its Due: Social Justice and Legal Theory. Springer Science & Business Media. ISBN 978-90-277-1941-6.[21]
  • Sadurski, Wojciech (1989). Moral Pluralism and Legal Neutrality. Springer Science & Business Media. ISBN 978-0-7923-0565-1.[22]
  • Sadurski, Wojciech (2014) [1999]. Freedom of Speech and Its Limits. Springer. ISBN 978-94-010-9342-2.[23][24]
  • Sadurski, Wojciech (2014) [2005]. Rights Before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe. Springer. ISBN 978-94-017-8935-6.[25]
  • Sadurski, Wojciech, ed. (2006). Political Rights Under Stress in 21st Century Europe. Oxford University Press. ISBN 978-0-19-929602-6.[26]
  • Sadurski, Wojciech (2012). Constitutionalism and the Enlargement of Europe. Oxford University Press. ISBN 978-0-19-969678-9.[27][28][29]
  • Sadurski, Wojciech (2019). Poland's Constitutional Breakdown. Oxford University Press. ISBN 978-0-19-884050-3.[8][30][31][32]

References edit

  1. ^ https://www.sydney.edu.au/law/about/our-people/academic-staff/wojciech-sadurski.html
  2. ^ a b Sobszak, Krzysztof (5 May 2010). "Prof. Wojciech Sadurski kandydatem na rzecznika praw obywatelskich?". Prawo.pl (in Polish). Retrieved 18 October 2020.
  3. ^ "Sroczyński kontra Sadurski. Spór o "plebs" i język krytyki obozu władzy". TOK FM (in Polish). Retrieved 18 October 2020.
  4. ^ a b c d e f Ticher, Mike (3 October 2020). "Long arm of Law and Justice: the Sydney professor under attack from Poland's ruling party". The Guardian. Retrieved 18 October 2020.
  5. ^ a b c Scislowska, Monika (27 November 2020). "Polish professor defends himself against defamation charge". ABC News. Associated Press. Retrieved 18 October 2020.
  6. ^ a b c "Staff Profile". The University of Sydney. Retrieved 18 October 2020.
  7. ^ Sadurski, Wojciech (16 January 2020). "Poland's autocratic government is at it again". POLITICO. Retrieved 18 October 2020.
  8. ^ a b Mikuli, Piotr (2020). "Poland's Constitutional Breakdown". International Journal of Constitutional Law. 18 (1): 293–297. doi:10.1093/icon/moaa017.
  9. ^ "What went wrong with Poland's democracy". OUPblog. 14 August 2019. Retrieved 18 October 2020.
  10. ^ Adam Bodnar [@Abodnar] (27 October 2020). "Już można zamawiać polskie wydanie książki prof. Wojciecha Sadurskiego o kryzysie konstytucyjnym. Wydawcą jest @liberteworld - oryginalne wydanie ukazało się nakładem" (Tweet) – via Twitter.
  11. ^ a b c Walsh, David (13 May 2019). "Critic of Poland's ruling party PiS slams "politically motivated" libel cases". euronews. Retrieved 18 October 2020.
  12. ^ von Bogdandy, Armin; Spieker, Luke Dimitrios (6 March 2019). "Countering the Judicial Silencing of Critics: Novel Ways to Enforce European Values". Verfassungsblog. Retrieved 18 October 2020.
  13. ^ Pempel, Anna Koper, Kacper (11 November 2019). "Polish far-right groups march on independence anniversary". Reuters. Retrieved 18 October 2020.{{cite news}}: CS1 maint: multiple names: authors list (link)
  14. ^ "PiS pozwał prof. Sadurskiego za "zorganizowaną grupę przestępczą". "Nazwałem schemat działania władzy"". oko.press. Retrieved 18 October 2020.
  15. ^ "Poland". RSF. Reporters without borders. Retrieved 27 September 2020.
  16. ^ a b de Búrca, Gráinne; Morijn, John (6 May 2019). "Open Letter in Support of Professor Wojciech Sadurski". Verfassungsblog. Retrieved 18 October 2020.
  17. ^ Parliamentary questions 31 January 2020: Question for written answer E-000590/2020 to the Commission from Frances Fitzgerald (EPP) Subject: The legal harassment of Professor Wojciech Sadurksi in Poland
  18. ^ "Detail 2019D31358". www.tweedekamer.nl (in Dutch).
  19. ^ "IBA - IBAHRI calls on Poland to drop charges against law professor Wojciech Sadurski". www.ibanet.org. Retrieved 18 October 2020.
  20. ^ "2019-01-20 University of Warsaw". Scholars at Risk. Retrieved 18 October 2020.
  21. ^ Grafstein, Robert (1986). "Giving Desert Its Due: Social Justice and Legal Theory. By Wojciech Sadurski. (Dordrecht, Holland: D. Reidel Publishing Company, 1985. Pp. xvii + 329. $47.00.)". American Political Science Review. 80 (4): 1333. doi:10.1017/S0003055400185247.
  22. ^ Gardocki, Lech (1992). "Wojciech Sadurski, Moral Pluralism and Legal Neutrality, Dodrecht - Boston - London 1990, Kluwert Academic Publishers, 221 pages". Contemporary Central & East European Law (1-4(93-96)): 53–55. ISSN 2719-4256.
  23. ^ Shiner, Roger A. (2000). "Wojciech Sadurski, "Freedom of Speech and its Limits."". Philosophy in Review. 20 (4): 284–286. ISSN 1920-8936.
  24. ^ "Freedom of Speech and Its Limits". www.lawcourts.org. Retrieved 18 October 2020.
  25. ^ Czarnota, A. (2007). "Rights before Courts: A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe". International Journal of Constitutional Law. 5 (3): 568–571. doi:10.1093/icon/mom020.
  26. ^ Kraus, Peter A. (2009). "Political Rights under Stress in 21st Century Europe. Edited by Wojciech Sadurski. Oxford: Oxford University Press, 2006. 288p". Perspectives on Politics. 7 (2): 436–437. doi:10.1017/S1537592709091324. S2CID 145704462.
  27. ^ Koncewicz, Tomasz Tadeusz (2013). "Book Review: Constitutionalism and the Enlargement of Europe, by Wojciech Sadurski. (Oxford: Oxford University Press, 2012)". Common Market Law Review. 50 (6): 1848–1852. doi:10.54648/COLA2013171.
  28. ^ Parau, Cristina E. (2013). "Constitutionalism and the Enlargement of Europe". West European Politics. 36 (5): 1117–1119. doi:10.1080/01402382.2013.820430. S2CID 154050074.
  29. ^ Hein, Michael (2015). "Wojciech Sadurski, Constitutionalism and the Enlargement of Europe (Oxford 2012: Oxford University Press). A Comment". Southeastern Europe. 39 (3): 421–430. doi:10.1163/18763332-03903008.
  30. ^ Daly, Tom Gerald (2019). "Between Fear and Hope: Poland's Democratic Lessons for Europe (and Beyond) - Wojciech Sadurski, Poland's Constitutional Breakdown (Oxford University Press2019) 304 pp. English". European Constitutional Law Review. 15 (4): 752–767. doi:10.1017/S1574019619000439. S2CID 213118345.
  31. ^ "Poland's Constitutional Breakdown". EU Law Live. Retrieved 18 October 2020.
  32. ^ Hanelt, Etienne (2020). "Wojciech Sadurski, Poland's Constitutional Breakdown (Oxford Comparative Constitutionalism)". Political Studies Review. doi:10.1177/1478929920931440. S2CID 225731540.

Further reading edit

  • Belavusau, Uladzislau; Gliszczyńska-Grabias, Aleksandra, eds. (2020). Constitutionalism Under Stress: Essays in Honour of Wojciech Sadurski. Oxford University Press. ISBN 978-0-19-886473-8.

External links edit

  • Blog (in Polish)

wojciech, sadurski, born, june, 1950, polish, australian, scholar, constitutional, 2023, challis, professor, jurisprudence, university, sydney, professor, centre, europe, university, warsaw, 2019, contents, academic, career, criticism, polish, government, resp. Wojciech Sadurski born 5 June 1950 is a Polish and Australian scholar of constitutional law As of 2023 he is Challis Professor in Jurisprudence at the University of Sydney 1 and Professor in the Centre for Europe in the University of Warsaw Wojciech Sadurski in 2019 Contents 1 Academic career 2 Criticism of the Polish government 2 1 Responses 3 Works 4 References 5 Further reading 6 External linksAcademic career editSadurski was born on 5 June 1950 in Warsaw 2 his father was a peasant farmer 3 Sadurski emigrated to Australia in 1981 and holds dual citizenship 4 According to Associated Press Sadurski is a law professor of international renown 5 He has written several books on constitutional law and has served as a visiting professor at Yale Law School New York University Law School Cardozo Law School and University of Trento He first gained tenure at the Department of Jurisprudence at the University of Sydney then under Alice Erh Soon Tay From 1999 to 2009 he was a professor at European University Institute in Florence and from 2003 to 2006 the dean of the Faculty of Law of the European University Institute 6 2 As of 2020 he is Challis Professor in Jurisprudence at the University of Sydney and Professor in the Centre for Europe in the University of Warsaw 6 Sadurski is on the editorial board of European Law Journal Politics Philosophy and Economics and Law and Philosophy Library Since 2011 he chairs the academic advisory board of Community of Democracies 6 Criticism of the Polish government editSee also SLAPP Sadurski is a vocal critic of the Law and Justice PiS party in Poland 4 5 which he describes as autocratic and authoritarian 7 In 2019 he published a book with Oxford University Press titled Poland s Constitutional Breakdown 8 9 The book was translated into Polish by Anna Wojcik the Polish edition was published in October 2020 10 Three cases have been brought against him by the ruling party and those affiliated with it According to Sadurski the cases are totally and unambiguously politically motivated Further I believe that they are coordinated and syncronised 11 PiS has also brought libel cases against other critics of the government 11 A member of the disciplinary panel of the Polish supreme court opened an investigation against Sadurski at Warsaw University because he called the members of the disciplinary panel losers 12 The party sued because Sadurski called it an organized criminal group that associated itself with neo Nazis in relation to the 2018 National Independence Day march which had significant far right participation 4 13 Sadurski commented the ruling party enjoys almost unlimited power and very wide material benefits It lacks only one thing the privilege of silencing its critics This lawsuit is an attempt to seize this privilege He stated that I used the term organized crime group as a metaphor to describe activities that require synchronization and coordination of the actions of various political and state entities which according to the constitution should be separated from each other but which in my opinion led to coordinated actions leading to the transformation of the democratic system into an authoritarian one He also argued that if he lost the case paradoxically it would confirm the correctness of my diagnosis 14 Dozens of journalists members of the opposition and human rights activists were present at the trial 5 The case was dismissed by the trial court but the party appealed the verdict 4 The third case involves Sadurski s reference to Goebbelsian media after the assassination of Pawel Adamowicz Although not named by Sadurski the state owned media company Telewizja Polska brought both criminal and civil suits for defamation As of October 2020 the case is scheduled to be heard in December 2020 4 According to Reporters Without Borders 2020 assessment Partisan discourse and hate speech are still the rule within state owned media which have been transformed into government propaganda mouthpieces 15 Responses edit Hundreds of law professors signed a letter in support of Sadurski stating that there was a coordinated harassment campaign by the Polish ruling party against a well known and respected academic who has clearly struck a nerve with his powerful critique of the situation in his native country 4 16 11 According to the open letter the cases have little chance to succeed if appealed to the European Court of Human Rights or an EU court because freedom of speech is guaranteed by treaties to which Poland is a party 16 Questions about Sadurski s case have been raised in the European Parliament 17 and Dutch Parliament 18 The Human Rights Institute of the International Bar Association also called for charges against Sadurski to be dropped Former Australian High Court judge Michael Kirby commented Poland s citizens including Professor Sadurski must always have the ability to criticise the government without fear of retribution or imprisonment 19 Scholars at Risk characterizes the prosecution of Sadurski as apparent retaliation for the peaceful exercise of the right to freedom of expression and states that state crackdowns on free expression cause a chilling effect on academic freedom and undermine democratic society generally 20 Works editSadurski Wojciech 1980 Neoliberalny system wartosci politycznych in Polish Panstwowe Wydawn Naukowe ISBN 978 83 01 01545 9 Sadurski Wojciech 1985 Giving Desert Its Due Social Justice and Legal Theory Springer Science amp Business Media ISBN 978 90 277 1941 6 21 Sadurski Wojciech 1989 Moral Pluralism and Legal Neutrality Springer Science amp Business Media ISBN 978 0 7923 0565 1 22 Sadurski Wojciech 2014 1999 Freedom of Speech and Its Limits Springer ISBN 978 94 010 9342 2 23 24 Sadurski Wojciech 2014 2005 Rights Before Courts A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe Springer ISBN 978 94 017 8935 6 25 Sadurski Wojciech ed 2006 Political Rights Under Stress in 21st Century Europe Oxford University Press ISBN 978 0 19 929602 6 26 Sadurski Wojciech 2012 Constitutionalism and the Enlargement of Europe Oxford University Press ISBN 978 0 19 969678 9 27 28 29 Sadurski Wojciech 2019 Poland s Constitutional Breakdown Oxford University Press ISBN 978 0 19 884050 3 8 30 31 32 References edit https www sydney edu au law about our people academic staff wojciech sadurski html a b Sobszak Krzysztof 5 May 2010 Prof Wojciech Sadurski kandydatem na rzecznika praw obywatelskich Prawo pl in Polish Retrieved 18 October 2020 Sroczynski kontra Sadurski Spor o plebs i jezyk krytyki obozu wladzy TOK FM in Polish Retrieved 18 October 2020 a b c d e f Ticher Mike 3 October 2020 Long arm of Law and Justice the Sydney professor under attack from Poland s ruling party The Guardian Retrieved 18 October 2020 a b c Scislowska Monika 27 November 2020 Polish professor defends himself against defamation charge ABC News Associated Press Retrieved 18 October 2020 a b c Staff Profile The University of Sydney Retrieved 18 October 2020 Sadurski Wojciech 16 January 2020 Poland s autocratic government is at it again POLITICO Retrieved 18 October 2020 a b Mikuli Piotr 2020 Poland s Constitutional Breakdown International Journal of Constitutional Law 18 1 293 297 doi 10 1093 icon moaa017 What went wrong with Poland s democracy OUPblog 14 August 2019 Retrieved 18 October 2020 Adam Bodnar Abodnar 27 October 2020 Juz mozna zamawiac polskie wydanie ksiazki prof Wojciecha Sadurskiego o kryzysie konstytucyjnym Wydawca jest liberteworld oryginalne wydanie ukazalo sie nakladem Tweet via Twitter a b c Walsh David 13 May 2019 Critic of Poland s ruling party PiS slams politically motivated libel cases euronews Retrieved 18 October 2020 von Bogdandy Armin Spieker Luke Dimitrios 6 March 2019 Countering the Judicial Silencing of Critics Novel Ways to Enforce European Values Verfassungsblog Retrieved 18 October 2020 Pempel Anna Koper Kacper 11 November 2019 Polish far right groups march on independence anniversary Reuters Retrieved 18 October 2020 a href Template Cite news html title Template Cite news cite news a CS1 maint multiple names authors list link PiS pozwal prof Sadurskiego za zorganizowana grupe przestepcza Nazwalem schemat dzialania wladzy oko press Retrieved 18 October 2020 Poland RSF Reporters without borders Retrieved 27 September 2020 a b de Burca Grainne Morijn John 6 May 2019 Open Letter in Support of Professor Wojciech Sadurski Verfassungsblog Retrieved 18 October 2020 Parliamentary questions 31 January 2020 Question for written answer E 000590 2020 to the Commission from Frances Fitzgerald EPP Subject The legal harassment of Professor Wojciech Sadurksi in Poland Detail 2019D31358 www tweedekamer nl in Dutch IBA IBAHRI calls on Poland to drop charges against law professor Wojciech Sadurski www ibanet org Retrieved 18 October 2020 2019 01 20 University of Warsaw Scholars at Risk Retrieved 18 October 2020 Grafstein Robert 1986 Giving Desert Its Due Social Justice and Legal Theory By Wojciech Sadurski Dordrecht Holland D Reidel Publishing Company 1985 Pp xvii 329 47 00 American Political Science Review 80 4 1333 doi 10 1017 S0003055400185247 Gardocki Lech 1992 Wojciech Sadurski Moral Pluralism and Legal Neutrality Dodrecht Boston London 1990 Kluwert Academic Publishers 221 pages Contemporary Central amp East European Law 1 4 93 96 53 55 ISSN 2719 4256 Shiner Roger A 2000 Wojciech Sadurski Freedom of Speech and its Limits Philosophy in Review 20 4 284 286 ISSN 1920 8936 Freedom of Speech and Its Limits www lawcourts org Retrieved 18 October 2020 Czarnota A 2007 Rights before Courts A Study of Constitutional Courts in Postcommunist States of Central and Eastern Europe International Journal of Constitutional Law 5 3 568 571 doi 10 1093 icon mom020 Kraus Peter A 2009 Political Rights under Stress in 21st Century Europe Edited by Wojciech Sadurski Oxford Oxford University Press 2006 288p Perspectives on Politics 7 2 436 437 doi 10 1017 S1537592709091324 S2CID 145704462 Koncewicz Tomasz Tadeusz 2013 Book Review Constitutionalism and the Enlargement of Europe by Wojciech Sadurski Oxford Oxford University Press 2012 Common Market Law Review 50 6 1848 1852 doi 10 54648 COLA2013171 Parau Cristina E 2013 Constitutionalism and the Enlargement of Europe West European Politics 36 5 1117 1119 doi 10 1080 01402382 2013 820430 S2CID 154050074 Hein Michael 2015 Wojciech Sadurski Constitutionalism and the Enlargement of Europe Oxford 2012 Oxford University Press A Comment Southeastern Europe 39 3 421 430 doi 10 1163 18763332 03903008 Daly Tom Gerald 2019 Between Fear and Hope Poland s Democratic Lessons for Europe and Beyond Wojciech Sadurski Poland s Constitutional Breakdown Oxford University Press2019 304 pp English European Constitutional Law Review 15 4 752 767 doi 10 1017 S1574019619000439 S2CID 213118345 Poland s Constitutional Breakdown EU Law Live Retrieved 18 October 2020 Hanelt Etienne 2020 Wojciech Sadurski Poland s Constitutional Breakdown Oxford Comparative Constitutionalism Political Studies Review doi 10 1177 1478929920931440 S2CID 225731540 Further reading editBelavusau Uladzislau Gliszczynska Grabias Aleksandra eds 2020 Constitutionalism Under Stress Essays in Honour of Wojciech Sadurski Oxford University Press ISBN 978 0 19 886473 8 External links editBlog in Polish Retrieved from https en wikipedia org w index php title Wojciech Sadurski amp oldid 1218714524, wikipedia, wiki, book, books, library,

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