Sulla difficoltà di superare in modo liberale un regime illiberale

On the difficulty of overcoming an illiberal regime in a liberal way

Abstract

The recent legislative elections in Poland highlighted how illiberal backslidings and constitutional retrogressions, which have been observed worldwide over the last years, are not an irreversible phenomenon. On the contrary, provided a favourable environment condition is present – e.g. the will of the electorate –, an attempt can be made to restore a constitutional democracy based on the rule of law. However, some current events, taking place in Poland, may confirm previous intuitions that, under this type of transformation – unlike remote transitions from authoritarian rule – an illiberal judiciary, far more than purely political institutions, can create paradoxical but treacherous obstacles.