Abstract

RESEARCH OBJECTIVE: To analyse the terms used in political discourse, often reduced to slogans, such as “rule of law”, “constitutionalism”, “demo cracy”. To reflect on the relationship between the rule of law and political power in a de mocracy. To indicate the evolution of the concept of constitution and of constitu tionalism as a broad political philosophy. To apply this analysis to EU politics.

THE RESEARCH PROBLEM AND METHODS: Conceptual analysis, theoretical considerations with historical elements.

THE PROCESS OF ARGUMENTATION: The article proceeds with a brief presentation of the meaning of the “rule of law” in current EU policy and rhetoric, to the question of the political nature of the conflict between the European Com mission and Poland and Hungary, before addressing the general problem of the relationship between political power and law in a democracy and the ongoing scholarly debates on this topic. It goes on to present the main arguments against “constitutionalism” as a political philosophy and relates them to the European Union. 

RESEARCH RESULTS: Revealing the shallowness of the current political discourse in the EU and in Poland and demonstrating how difficult and deep is the problem of the relationship between democracy and parliamentary majority power, covered up by the slogan “rule of law”.

CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The constitutionalization of the Union is taking place at the expense of democracy in the Member States. It leads to a strengthening of the political power of the European Commission. While we can speak of the victory of EU “constitutional ism” in Poland after the last elections, at the national level we are dealing with “majoritarian democracy”, with absolute predominance of political power over the national law, making it possible to ignore it or even to act against it.