Wojciech Sadurski
Biographic Data
| ID | 4397469 |
|---|---|
| NAME | Wojciech Sadurski |
| GIVEN NAMES | Wojciech |
| FAMILY NAME | Sadurski |
| SIGNATURE | SADURSKI W |
| AFFILIATIONS | The University of Sydney |
| ORCID | 0000-0003-3509-9920 |
| VERIFIED | Yes |
| TOTAL WORKS | 21 |
| TOTAL CITATIONS | 5 |
| AUTHOR COUNT | 16 |
| EDITOR COUNT | 5 |
| FIRST PUBLICATION YEAR | 1983 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 2 |
Anti-Constitutional Populism
Constitutional Public Reason
Quasi-constitutional court of human rights for Europe? Comments on Geir Ulfstein
This short comment offers two additional arguments, missing from Geir Ulfstein’s account, which may bolster the case for constitutionalisation of the ECtHR. The first is about the ‘pilot judgments’ through which the Court addresses systemic deficits in national legal systems and thus ensures a minimal synchronisation of human rights protection throughout the CoE system. The second manifestation of constitutionalisation of the ECHR system is the i…
Public Reason and Courts
Legislative aims and the Kantian supranational court
In my short comment on the new book by Alec Stone Sweet and Clare Ryan, I claim that the European Court of Human Rights does not take the ‘legitimacy of state goals’ step in its proportionality analysis seriously enough, relegating all its hard intellectual work to the next step: necessity scrutiny. What is puzzling about Stone Sweet and Ryan’s book is that this observation about the ECtHR hardly registered in the book’s argument, even though a K…
Poland's Constitutional Breakdown
After its double victory in the 2015 presidential and parliamentary elections in Poland, the populist Law and Justice (Prawo i Sprawiedliwość (PiS)) party began to dismantle all major checks and balances characteristic of the separation of powers in a democratic state. Poland’s Constitutional Tribunal, its regular courts including the Supreme Court, its National Council of the Judiciary, as well as its electoral commissions, civil service, and pu…
Legitimacy
Justice
The Law of Ritual Slaughter and the Principle of Religious Equality
In December 2014, the Polish Constitutional Tribunal struck down as unconstitutional a statute that prohibited all animal slaughter conducted without prior stunning. The Tribunal found this law contrary to Polish (and European) provisions regarding freedom of exercise of religion. In the present paper, we critically analyze the judgment through the lens of the general principle of religious equality. Considering other European cases involving rit…
Supranational public reason
The emergence of strong authorities beyond the nation state has raised questions about the absence of democratic legitimacy at the supranational level. The usual response to this dilemma has been an attempt to uncouple the strict link between national statehood and democracy, and in the process, to confer a degree of legitimacy on supranational authorities. This article argues that such an uncoupling is unconvincing, and that within the legitimac…
A Response to Daniel Smilov and Michael Hein
Reason of State and Public Reason
“Reason of state” is a concept that is rarely used in contemporary legal and political philosophy, compared to everyday parlance; “public reason,” in contrast, is ubiquitous, especially in liberal philosophy, as a legitimacy‐conferring device. In this article it is argued that the unpopularity of the notion of “reason of state” is partly due to its notorious ambiguity. Three different usages of the notion can be identified: a “thin” usage (where …
Human Rights
Partnering with Strasbourg
The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number of Contracting States and that of the case-load, but also from the demise of a consensus which was, originally, presupposed by the system of protection of human rights in Western Europe: original members of the Council of Europe…
Legitimacy, Political Equality, and Majority Rule
This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring “puzzles” in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, and the relationship between the principle of unanimity (some…
Freedom of the Press in Postcommunist Poland
Theory of punishment, social justice, and liberal neutrality
Punishment and Welfare
Distributive Justice and the Theory of Punishment
DISTRIBUTIVE JUSTICE AND THE THEORY OF PUNISHMENT Get access WOJCIECH SADURSKI WOJCIECH SADURSKI Search for other works by this author on: Oxford Academic Google Scholar Oxford Journal of Legal Studies, Volume 5, Issue 1, Spring 1985, Pages 47–59, https://doi.org/10.1093/ojls/5.1.47 Published: 01 March 1985
Giving desert its due
I. To Each According to His (Genuine?) Needs
Partnering with Strasbourg
The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number of Contracting States and that of the case-load, but also from the demise of a consensus which was, originally, presupposed by the system of protection of human rights in Western Europe: original members of the Council of Europe…
Supranational public reason
The emergence of strong authorities beyond the nation state has raised questions about the absence of democratic legitimacy at the supranational level. The usual response to this dilemma has been an attempt to uncouple the strict link between national statehood and democracy, and in the process, to confer a degree of legitimacy on supranational authorities. This article argues that such an uncoupling is unconvincing, and that within the legitimac…
I. To Each According to His (Genuine?) Needs
Distributive Justice and the Theory of Punishment
DISTRIBUTIVE JUSTICE AND THE THEORY OF PUNISHMENT Get access WOJCIECH SADURSKI WOJCIECH SADURSKI Search for other works by this author on: Oxford Academic Google Scholar Oxford Journal of Legal Studies, Volume 5, Issue 1, Spring 1985, Pages 47–59, https://doi.org/10.1093/ojls/5.1.47 Published: 01 March 1985
Giving desert its due
Punishment and Welfare
Theory of punishment, social justice, and liberal neutrality
Freedom of the Press in Postcommunist Poland
Legitimacy, Political Equality, and Majority Rule
This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring “puzzles” in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, and the relationship between the principle of unanimity (some…
Partnering with Strasbourg
The accession of Central and East European States into the European Convention of Human Rights system was both a threat and a promise to the system. The threat resulted not only from the substantial increase of the number of Contracting States and that of the case-load, but also from the demise of a consensus which was, originally, presupposed by the system of protection of human rights in Western Europe: original members of the Council of Europe…
Human Rights
Reason of State and Public Reason
“Reason of state” is a concept that is rarely used in contemporary legal and political philosophy, compared to everyday parlance; “public reason,” in contrast, is ubiquitous, especially in liberal philosophy, as a legitimacy‐conferring device. In this article it is argued that the unpopularity of the notion of “reason of state” is partly due to its notorious ambiguity. Three different usages of the notion can be identified: a “thin” usage (where …
Supranational public reason
The emergence of strong authorities beyond the nation state has raised questions about the absence of democratic legitimacy at the supranational level. The usual response to this dilemma has been an attempt to uncouple the strict link between national statehood and democracy, and in the process, to confer a degree of legitimacy on supranational authorities. This article argues that such an uncoupling is unconvincing, and that within the legitimac…
A Response to Daniel Smilov and Michael Hein
The Law of Ritual Slaughter and the Principle of Religious Equality
In December 2014, the Polish Constitutional Tribunal struck down as unconstitutional a statute that prohibited all animal slaughter conducted without prior stunning. The Tribunal found this law contrary to Polish (and European) provisions regarding freedom of exercise of religion. In the present paper, we critically analyze the judgment through the lens of the general principle of religious equality. Considering other European cases involving rit…
Justice
Poland's Constitutional Breakdown
After its double victory in the 2015 presidential and parliamentary elections in Poland, the populist Law and Justice (Prawo i Sprawiedliwość (PiS)) party began to dismantle all major checks and balances characteristic of the separation of powers in a democratic state. Poland’s Constitutional Tribunal, its regular courts including the Supreme Court, its National Council of the Judiciary, as well as its electoral commissions, civil service, and pu…
Legitimacy
Public Reason and Courts
Legislative aims and the Kantian supranational court
In my short comment on the new book by Alec Stone Sweet and Clare Ryan, I claim that the European Court of Human Rights does not take the ‘legitimacy of state goals’ step in its proportionality analysis seriously enough, relegating all its hard intellectual work to the next step: necessity scrutiny. What is puzzling about Stone Sweet and Ryan’s book is that this observation about the ECtHR hardly registered in the book’s argument, even though a K…
Quasi-constitutional court of human rights for Europe? Comments on Geir Ulfstein
This short comment offers two additional arguments, missing from Geir Ulfstein’s account, which may bolster the case for constitutionalisation of the ECtHR. The first is about the ‘pilot judgments’ through which the Court addresses systemic deficits in national legal systems and thus ensures a minimal synchronisation of human rights protection throughout the CoE system. The second manifestation of constitutionalisation of the ECHR system is the i…
Anti-Constitutional Populism
Constitutional Public Reason
Political science (18 works) · Law (14 works) · Sociology (13 works) · Politics (11 works) · Law and economics (10 works) · Judicial and Constitutional Studies (9 works) · Legitimacy (7 works) · Political Philosophy and Ethics (7 works) · International Law and Human Rights (5 works) · Law (5 works)