Oh Poland, why are you the country of civil disobedience?

 As I was reading through section 55 of Rawls on civil disobedience one thing that I kept thinking of was Poland. However, not about the civil disobedience seen with individuals which happened a myriad of times in the last five years. The women strikes, the protests of law-abiding citizens about the proposed constitutional changes, mine workers, public transport workers, private firms’ owners, and many more have taken the streets of big and small cities in the past few years after a right-wing part Law and Justice gained majority in the legislative and won presidential elections. (Poland is a parliamentary republic.) That was not my main concern but rather what if it is the government that is acting in line of civil disobedience?

 

Rawls acknowledges that we must have a democratic society and we do have a democratic society in Poland with citizens who “recognize and accept the legitimacy of the constitution.” I would rather say that is the government that does not acknowledge such principles and can be accused of civil disobedience. The ruling party knowingly passed laws which are against the constitution and are doing so with an aim of bringing about change. In 2015, there was a legislative change concerning the age that a supreme court judge can have, which was openly against the constitution, and with an aim to replace the judge with a politically motivated judge, who can change the narrative of the Polish Supreme Court. (We do not have life-long appointees to the Supreme Court). This decision was later on seen as unconstitutional by the European Court of Justice but that did not stop Poland from further implementing it. This shows that the government had to deal with the eventual disagreement of the court (321). And unfortunately is one of many examples of such things happening in Poland.

 

The acts of the government are also politically motivated because of what kinds of issues they affect. Moreover, there can be an argument made that the government is a minority who is pushing an agenda by engaging in legally questionable actions. They are trying to impose their ideas on the majority, the citizens, who want to enjoy the fundamental equal liberties.

 

Another point that Rawls raises is that civil disobedience has to have a “public act.” This can be easily seen with the speeches, “acts of kindness” to the people, the hectic and disrespectful behavior in the lower chamber, which includes shouting, calling names, and non-verbal show of disdain. All of it makes up a public spectacle that shows the civil disobedience in Poland.

 

All of the aspects of civil disobedience put forward by Rawls can be found in the way the Polish government acts. I feel that Rawls would have an issue with putting a whole country in the category of civil disobedience but I believe we can do so and there is evidence to support my claim.


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