Constitutional Capture Revisited

Publication Year
2026

Type

Journal Article
Abstract

The article discusses the phenomenon of "constitutional acquisition" and also outlines the typology of its various forms. The constitutional takeover means that one party effectively controls the entire political system without formally introducing an authoritarian system. One way to take power is to completely change the current Constitution. The second is the so-called constitutional vandalism, which consists in the deliberate destruction of state institutions by the ruling party. The third form includes the circumvention of constitutional provisions, i.e. a situation in which the persons in power ignore the constitutional restrictions on its implementation. The study also presents strategies to counteract the processes of constitutional takeover.

Journal
Gdańskie Studia Prawnicze (Gdańsk Law Studies)
Volume
2
Issue
71
Date Published
06/2026