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
Download: Download
Number of downloads: 212
This text is licensed under a Creative Commons Attribution – Non Commercial – No Derivative Works 4.0 International License.