This article examines the relationship between reproductive rights, democracy, and the rule of law in transitional societies. As a case study, it examines the development of abortion law in Poland. The article makes three primary claims. First, it argues that the relationship between reproductive rights and the rule of law in Poland came clearly into view through the abortion judgment K 1/20, handed down by the Constitutional Tribunal in the middle of the COVID-19 pandemic. The judgment and the context in which it was issued and published are interpreted as reflections of deep-lying processes and problems in Polish society. Consequently, second, the article argues that analysis of the history of reproductive rights in recent decades in Poland reveals weak institutionalization of the rule of law. This is manifest in the ways in which different professional groups, especially doctors and lawyers, have addressed questions regarding abortion law. Therefore, third, the article argues that any assessment of the rule of law should take into account how powerful professional actors and organizations interact with the law. The Polish case study shows that reproductive rights should be seen as important parts of a “litmus test,” which we can use to examine the efficacy of democratic transitions and the quality of the democracies in which such transitions result.

Why do economic crises sometimes lead to democratic breakdown and sometimes not? To answer this question, we bring in a new conditioning factor. We propose that bureaucracies of higher quality – implying more competent, efficient and autonomous employees – to a greater extent shield the masses from impoverishment and unjust distribution of resources. This dampens anti-regime mass mobilization, which decreases elite incentives and opportunities for toppling the democratic regime. Statistical analyses of democracies globally from 1903 to 2010 corroborate that the impact of economic crises on the risk of democratic breakdown is suppressed when democracies have a bureaucracy of higher quality. The results are robust to alternative model specifications, including a battery of ‘good governance’ indicators. The effect of bureaucratic quality is not driven by bureaucracies’ ability to hinder crisis onset or shorten crisis duration but rather their ability to decrease domestic upheavals during crises.