Search Results for: constitutional identity

Nostalgic Constitutional Identity

Dr Michał Stambulski

University of Zielona Góra

English abstract: The paper deals with the link between the notions of constitutional identity and nostalgic collective memory. Starting from the notion of nostalgia of postmodern society as used in social theory, it shows that this cultural condition is reflected in in constitutions. The point of reference for contemporary political projects is no longer the future but the past. Longing for a lost homeland becomes a dominant social emotion. The author shows that this vision of the past is present in constitutions, especially in post-communist countries. It influences constitutional identity and, due to different temporal structures, is in conflict with the constitutional identity of the EU. The article ends with an analysis of the consequences of such a politics of nostalgia and the possible defence mechanisms against it.

Keywords: constitutional identity, collective memories, nostalgia

Language: English

Published: Number 3(21)/2019, pp. 95-106.

DOI: https://doi.org/10.36280/AFPiFS.2019.3.95

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Number of downloads: 713

Constitutionalized by the Past. The Role of National Identity and Collective Sense of Experience in Central European Constitutionalization

Dr Filip Cyuńczyk

SWPS University

English abstract: The primary aim of this text is to show the specificity of Central European constitutionalisation after the fall of communism. Its peculiarity lies in the systemic search for the legitimacy of new communities in the experience of the past. This specificity will be examined within the framework of a consideration of the contemporary understanding of the Central Europe concept. This is particularly necessary in the light of attempts to combine (in this area) the universal values of the Western world with references to communitarian elements, usually national. The main idea of the following text is to identify the hybrid character of Central European political communities. This is because, at the moment of constitutionalisation, they decided to merge national and liberal-democratic values.

Key words: Central Europe, Constitutionalisation, Law and Memory, Memory Politics.

Language: English

Published: no. 1(42)/2025, pp. 7-22.

DOI: https://doi.org/10.36280/AFPiFS.2024.4.81

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Number of downloads: 260

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On the Possibility of Administrative Courts Shaping Constitutional Consciousness

Dr Anna Chmielarz-Grochal

University of Lodz

English abstract: The article aims to show how administrative courts (in particular the Supreme Administrative Court) participate in shaping the constitutional consciousness of citizens. The main thesis of the article boils down to the statement that administrative courts shape constitutional consciousness through direct application of the provisions of the fundamental law. This thesis corresponds to the assumption that justifications of the judgments being the effect of the application of the constitution have an educational value. Examples from the practice of judicial application of Article 2, provisions on fundamental rights (including those that have the nature of principles: Article 30 and Article 32), and Article 45 in conjunction with Article 184 of the Polish Constitution show that the justifications may fulfil the role of a carrier of knowledge about the fundamental law, the legal institutions regulated by it, and the essence of fundamental rights, taking into account the role of a court as a guarantor of the protection of individual rights.

Keywords: constitutional consciousness, legal consciousness, constitutional identity, direct application of the constitution, pro-constitutional interpretation, constitutional reasoning, administrative courts

Language: Polish

Published: Number 2(31)/2022, pp. 22-37.

DOI: https://doi.org/10.36280/AFPiFS.2022.2.22

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Number of downloads: 436

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Social Reading of the Constitution of the Republic of Poland versus Constitutional Axiology and Constitutional Social Ontology

Dr Paweł Skuczyński

University of Warsaw

English abstract: The paper aims to propose a social reading of the Constitution of the Republic of Poland as an alternative to liberal and republican interpretations. It was developed with the use of an interdisciplinary methodology, including the use of societal constitutionalism as its theoretical basis, as well as its formal-dogmatic justification and its characterisation in the perspective of the theory of law as relating to the social ontology expressed in the Constitution of the Republic of Poland. A thesis is put forward that the social reading of the Constitution consists in recognizing some social entities as constitutional entities, next to individuals and the State. Consequently, the norms concerning them should be interpreted as obliging the state authorities to ensure their influence on public policies and the law-making, and to take into account the bottom-up creation of norms and broadly understood self-regulation. Four arguments for the social reading of the Constitution of the Republic of Poland are presented, which are based on: 1) the scope of the constitutional regulation (extensive regulation in Chapter 1 of social and public entities such as local and professional self-government bodies, trade unions, and employers’ organizations, civil society organisations, churches, and religious unions); 2) the way they are regulated (despite the identity of the designatum, regulating these entities alongside the concept of a sovereign nation and imposing certain obligations on the State authorities towards them); 3) the historical context of the making of the Polish Constitution (building the autonomy of society in relation to the state as a strategy of resistance from the 1970s); 4) the work on drafting the Polish Constitution (the gradual addition of provisions on social entities, often due to pressure exerted by, which was an expression of far-reaching self-constitutionalisation).

Keywords: societal constitutionalism, social ontology, constitutional values

Language: Polish

Published: Number 1(30)/2022, pp. 100-112

DOI: https://doi.org/10.36280/AFPiFS.2022.1.100

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Number of downloads: 491

This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.

Interpretation of the Right to an Effective Remedy in Freedom of Expression Cases in the Light of the Rule of Law Principle

Dr Vygantė Milašiūtė

Vilnius University

English abstract: The paper focuses on the protection of freedom of expression of judges and prosecutors who exercise this freedom in their professional capacity to promote the rule of law, but suffer negative consequences as a result. Starting with the ECtHR Kövesi v. Romania judgment, the issues of whether legal remedy, in this context, should necessarily be judicial and what quality requirements it should meet are analysed. The paper finds that the ECtHR requires effective remedies in this field, but does not clearly exclude a possibility of non judicial remedies. The EU law, on the other hand, requires judicial remedies unless there are very limited EU law-based reasons (notably, constitutional identity arguments) that justify a possibility of a non-judicial remedy. Theoretical arguments based on substantive conception of the rule of law support the need for a judicial remedy. The study is an addition to the research into judicial independence in the light of the rule of law. It connects the ECtHR, EU law and theoretical perspectives.

Keywords: judicial independence, prosecutors, freedom of expression, rule of law, remedy

Language: English

Published: Number 2(31)/2022, pp. 7-21.

DOI: https://doi.org/10.36280/AFPiFS.2022.2.7

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Number of downloads: 425

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Number 3(21)/2019 [ENG]

Law and Memory in Central and Eastern Europe

Introduction
(prof. dr hab. Adam CZARNOTA, mgr Justyna JEZIERSKA, dr Michał STAMBULSKI)

Articles:

Prof. dr hab. Adam CZARNOTA, Mgr Justyna JEZIERSKA, Dr Michał STAMBULSKI
Collective Memories, Institutions and Law

Dr Michał KROTOSZYŃSKI
Transitional Justice and the Constitutional Crisis: The Case of Poland (2015–2019)

Dr Filip CYUŃCZYK
Instrumentalization of Law in the Context of Memory Policies in Central and Eastern Europe after 1989

Mgr Emilia KOWALEWSKA
Truth Revelation Procedures as a Rights-based Alternative to the Politics of (Non-)Memory

Mgr Mateusz GRABARCZYK
Uniformed Services Pension Amendment Acts in Poland as Part of State Politics of Memory

Dr Katarzyna LISZKA
The Articles 55a and 55b of the IPN Act and the Dialogue about the Holocaust in Poland

Dr Michał STAMBULSKI
Nostalgic Constitutional Identity

Reports:

Mgr Justyna JEZIERSKA
The 2nd Polish Memory Conference: Studies on Memory in Poland and of Poland, Warsaw, 5–7 December 2019

Issue 1(42)/2025 of the „Archiwum…” is now available

Welcome to the issue 1(42)/2025 of the „Archiwum Filozofii Prawa i Filozofii Społecznej”. The issue begins with acknowledgments addressed to Dr Paweł Skuczyński for his commitment and many years of work in the Editorial Board of the „Archiwum Filozofii Prawa i Filozofii Społecznej” (the text can be found here). The issue includes the following texts:

Articles:

Dr Filip CYUŃCZYK

Constitutionalized by the Past. The Role of National Identity and Collective Sense of Experience in Central European Constitutionalization

Dr Paweł KŁOS

Information Civilization and the Law: Significance of Limiting Factors. Introductory Insights

Dr Paulina KONCA

Judicial Update of the Meaning of a Legal Text in Three Questions

Prof. dr hab. Beata POLANOWSKA-SYGULSKA

Around Selected Themes in the Moral Philosophy of Joseph Raz: Part I

Dr Martyna PŁUDOWSKA, Prof. dr hab. Andrzej SĘKOWSKI

Psychological Competences of Mediators. Selected Aspects of Creative Thinking in the Process of Mediated Conflict Resolution

Dr hab. Tomasz WIDŁAK, prof. UG

Pygmalion’s Digital Dream: An Outline of Legal-Philosophical Problems of Human Digital Twins in Medical Applications

Reviews:

Dr Joanna M. DUTKA

Bartosz Wojciechowski, Tożsamość narracyjna jako warunek autentycznej podmiotowości prawnej [Narrative Identity as a Condition for True Legal Subjectivity], series: Jurysprudencja [Jurisprudence], t. 21, Wydawnictwo Uniwersytetu Łódzkiego, Łódź 2023, pp. 180

The issue is available here.

Number 1(42)/2025 [PL/ENG]

Articles:

Dr Filip CYUŃCZYK

Constitutionalized by the Past. The Role of National Identity and Collective Sense of Experience in Central European Constitutionalization

Dr Paweł KŁOS

Information Civilization and the Law: Significance of Limiting Factors. Introductory Insights

Dr Paulina KONCA

Judicial Update of the Meaning of a Legal Text in Three Questions

Prof. dr hab. Beata POLANOWSKA-SYGULSKA

Around Selected Themes in the Moral Philosophy of Joseph Raz: Part I

Dr Martyna PŁUDOWSKA, Prof. dr hab. Andrzej SĘKOWSKI

Psychological Competences of Mediators. Selected Aspects of Creative Thinking in the Process of Mediated Conflict Resolution

Dr hab. Tomasz WIDŁAK, prof. UG

Pygmalion’s Digital Dream: An Outline of Legal-Philosophical Problems of Human Digital Twins in Medical Applications

Reviews:

Dr Joanna M. DUTKA