Justice in the Clutches of Power: Comparative Analysis of the Politicization of the Attorneys General in the United States and Poland Since 2015

There are at least two systems of organization of Justice Departments in democratic states - prevalent system of dualism of the office of Attorney General and the Minister of Justice (in most European states), and controversial institutional monism of the two offices (for example in the United States and Poland). The Attorney General, playing the role of chief law officer of the nation ought to be independent from political pressures, whereas the Minister of Justice, as a political appointee, often follows the partisan line of decision-making process in the area of justice. At least theoretically, one may observe the clash of law and politics in the system where the two roles are united, thus introducing several tensions between demanded independence and political loyalty (Collins 2008; Laidler 2004; Baker 1994). The aim of the paper is to analyze the scope of politicization of the justice system in the United States and Poland, by referring to institutional powers of the Attorneys' General, as well as the relationship between law and politics in their decision-making process. The empirical part of the paper, apart from brief historical references, shall address the current status of the office under conservative administrations of Donald Trump in the U.S. and Law and Justice party in Poland. The Author argues, that due to institutional flaws of the justice systems in both countries, contemporary U.S. and Polish authorities do not hesitate to actively use the office of Attorney General for their own political purposes. However, apart from institutional reasons, the growing politicization of justice system may also be connected with so-called constitutionalization of politics, understood as activism of non-judicial subjects involved in constitutional interpretation (defined in various ways in literature, see Appleby 2016; Fisher 2014; Currie 2005; Shapiro and Stone Sweet 2002; Tushnet 1999). Therefore, the Author will also analyze the involvement of the Attorneys General (and generally the executive branch) in the process of determining the meaning and character of constitutionalism, as well as the status of democracy in the United States and Poland.