Team WP 2.2 - Unwritten Norms within Written Constitutional Frameworks - Future Democracy Lab

Team WP 2.2 - Unwritten Norms within Written Constitutional Frameworks: the interplay between law and politics in contemporary democracy

The group aims to analyse unwritten legal and political constitutional norms in the context of the functioning of formal (written) constitutions in the contemporary state. Unwritten constitutional norms take various forms and often hold a contentious status. Broadly defined, they include customary legal norms and constitutional customs (such as conventions) that influence the behaviour of legal subjects. Typically, constitutional customs are not regarded as formal legal norms. A thesis of particular relevance to this research, supported by established constitutional law scholarship, posits that even in systems governed by a formally codified constitution, there exists a body of unwritten norms with a mixed (legal-political) nature. Such norms can embody characteristics intrinsic to the concept of a constitution, notably possessing unique legal authority in the hierarchy of sources of law. In this context, the relationship between unwritten constitutional norms and constitutional interpretation also emerges as a focal point. An important element of the research is the attempt to confirm that unwritten norms can positively influence the constitutional system and strengthen the protection of the written constitution. The central premise is that norms embedded in the legal culture of a particular state may be more readily accepted by political stakeholders. 

PiotrPiotr Mikuli, the group leader, is a full professor of legal sciences and the head of the Chair in Comparative Constituional Law of the Jagiellonian University. He graduated from the Faculty of Law and Administration of the University of Warsaw (MA) and the Law School of the University of Swansea, UK (LLM), He completed his doctoral studies at the Faculty of Law and Administration of the Jagiellonian University where he also obtained his habilitation. He received the research title of Professor in 2021. Piotr’s interests include judicial review of legislation, the judiciary and constitutional principles in comparative perspective. Between 2013 and 2015, he was also employed full-time as a specialist at the Office of the National Council of the Judiciary. In 2015, he served as an expert at the National Science Centre, and from 2016 to 2018, he was a member of the Interdisciplinary Team for Science Dissemination Activities, responsible for improving the academic standards and international reputation of published scientific journals., under the Ministry of Science and Higher Education. Piotr is a member of the Programme Council of the Centre for Interdisicplinary Constitutional Studies at the Jagiellonian University. From 2020 to 2023, he was vice-chairman of the Commission of Legal Sciences of the Kraków branch of the Polish Academy of Sciences. Piotr has laso served inter alia as a visiting professor at Oxford University, a guest researcher at Dalarna University (Sweden) and the University of Lucerne (Switzerland).  He has recently undertaken his research activities at  the University of Sheffield and the University of Glasgow. Currently he is an associate member of The University of Leicester's Centre for European Law and Internationalisation (CELI). He has served as both the principal investigator and a key contributor in several important projects funded from external sources. Piotr is the author or co-author of a number of publications dealing with constitutional issues. His most significant book publications in English include inter alia: P. Mikuli (ed.) Accountability of Judicial Power: Theoretical and Comparative Perspectives, Routledge 2025, in press; P. Mikuli and G. Kuca, Accountability and the Law: Rights, Authority and Transparency of Public Power, Routledge 2022; P. Mikuli (with N. Fox and R. Puchta), Ministers-of-Justice-in-Comparative-Perspective, Eleven International Publishing, The Hague 2019; P. Mikuli (ed.), Current Challenges in Judicial Administration, Eleven International Publishing, The Hague 2017. 

AleksandraAleksandra Dębowska is an assistant professor at the Chair in Comparative Constitutional Law. She is a graduate of full-time PhD studies at the Faculty of Law and Administration of the Jagiellonian University of Cracow as well as full-time studies at the Faculty of Law and Administration of the same university. In 2021 she defended her doctoral dissertation titled ‘The Constitutional Tribunal and the Supreme Court as judicial authorities: the position within the system and the problem of mutual relations’. From 2012 to 2017, she worked in the Office of the Constitutional Tribunal. Aleksandra is also an attorney-at-law, member of the Kraków Bar Association. Her research interests include constitutional justice, individual rights and freedoms and their institutional protection as well as issues related to the axiology of law. 

Natalie FoxNatalie Fox is an adjunct professor in the Chair in Comparative Constitutional Law of Jagiellonian University in Kraków. She teaches and writes in the area of constitutional law and deals with the analysis of the British constitutional system in the context of UK membership in the EU and Brexit issues. N. Fox was a principal investigator in the research project „The British Constitutional Law and the Membership in the European Union” financed by the National Science Centre in Poland. The aim of the project was to analyse British constitutional law in the context of membership of the UK in the EU, with the Brexit issues. She was also a co-investigator of the OPUS 11 research project entitled 'Is the institution of Minister of Justice indispensable in the contemporary democratic state ruled by law?’ also financed by the NSC.  

ŁukaszŁukasz Jakubiak is a political scientist and legal scholar, Associate Professor of Political Science at the Institute of Political Science and International Relations, Jagiellonian University in Krakow. His research interests include French constitutionalism, political institutions of the Fifth Republic of France, constitutional law and party systems in former French colonies in Africa, as well as systems of government in a comparative perspective. He is the author of four monographs (on selected aspects of the French political system, such as the phenomenon of cohabitation, the national referendum and the second chamber in the structure of the system of government, as well as on the political system of Senegal). He has also published a number of research papers in Polish and foreign political science and law journals. He conducted scientific research abroad, including at the universities of Strasbourg, Bordeaux and Orleans. Currently, he manages the OPUS research grant of the National Science Centre on legislative initiatives as a form of shaping the parliamentary agenda in times of crisis. 

BrianBrian Christopher Jones is a Senior Lecturer in Law at the University of Liverpool School of Law & Social Justice. He's previously lectured at the University of Sheffield, the University of Dundee, and Liverpool Hope University. Before this, he was a postdoctoral fellow in the Law Department at Academia Sinica in Taipei, Taiwan. Currently he's also an Executive Committee Member for the Society of Legal Scholars (SLS). His research primarily focuses on public law, touching on aspects of comparative constitutional law, constitutional theory, and law & politics. He's published in high quality journals from around the world, such as: International Journal of Constitutional Law, Public Law, Stanford Law & Policy Review, Legal Studies, Parliamentary Affairs, Statute Law Review, King's Law Journal, Wisconsin Law Review, and Hong Kong Law Journal, amongst others. His 2020 monograph, Constitutional Idolatry and Democracy: Challenging the Infatuation with Writtenness (Edward Elgar, 2020), received many positive reviews. Professor David Feldman (University of Cambridge) classified it as ‘a thought-provoking book', noting that, 'every public lawyer and student of public law would benefit from reading it to test their assumptions'. And Professor Sandy Levinson (University of Texas) said, 'I can’t imagine a better book to discuss in a seminar, whether of students or senior academics'. I've also edited two book collections: Law and Politics of the Taiwan Sunflower and Hong Kong Umbrella Movements (Routledge, 2017) and Democracy and Rule of Law in China's Shadow (Hart, 2021). Brian's work has been cited by former President of the UK Supreme Court, Brenda Hale, in addition to media outlets such as: the New York Times, the Economist and the Wall St. Journal.