Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR
  • About us
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors
  • Ethics
  • Contact
  • Polski

Analysis of the Constitutional Crisis from the Perspective of the Constitution’s Axiological Function. Outline of Basic Theoretical Issues

Dr Wojciech Mojski

Maria Curie-Skłodowska University in Lublin

English abstract: Disputes about values are completely natural in a state whose system is based on an axiologically open constitution. Another value in such a state should also be the constitution itself, which in the systemic sense guarantees an essentially equal position of various social and individual values. However, the constitutional crisis is not a natural dispute over values in a state with an axiologically open constitution, but is a situation that arose in the system of government, with a bad faith attempt being made to impose an exclusive system of values, while violating constitutional norms. This attempt concerns the fundamental values of a constitutionally regulated system, and thus the effect of this unconstitutional procedure is not only to undermine the constitution’s legal function, but also its axiological function. The aim of the study is to present the basic problems related to this issue, primarily in the context of the assumptions of constitutional theory, but also taking into account experiences with the Polish system of government in recent years.

Keywords: constitution’s functions, constitutional values, constitutional crisis

Language: Polish

Published: Number 1(30)/2022, pp. 55-62

DOI: https://doi.org/10.36280/AFPiFS.2022.1.55

Download: Download
Number of downloads: 69

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

Filed Under: Articles Tagged With: constitution’s functions, constitutional crisis, constitutional values

Introduction to the Fidelity to the Constitution

Szymon A. Gasz, Marek P. Kaczmarczyk

University of Warsaw

English abstract: The time of changes taking place in the constitutional order, both constitutional and fait accompli changes, is undoubtedly an interesting opportunity for in-depth analyses. These analyses can be made from various perspectives. The authors focus on three basic perspectives – that of law, philosophy and political science – in order to investigate what they refer to as constitutional fidelity. The limited framework of the paper only permits providing an introduction to the subject. In this text, the authors indicate the basic categories of constitutional fidelity, reflect on the dimensions of this fidelity, and try to propose a solution to the puzzle of the future of Polish constitutionalism. The entire analysis repeatedly refers to sociological and, to some extent, psychological categories, because constitutional fidelity is, first of all, a proper civic attitude and a relationship, the awareness of which is often only discovered at a moment of crisis.

Keywords: constitution, constitutionalism, fidelity to the constitution, constitutional crisis, legal interpretation, civic society

Language: Polish

Published: Number 1(30)/2022, pp. 17-32

DOI: https://doi.org/10.36280/AFPiFS.2022.1.17

Download: Download
Number of downloads: 70

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

Filed Under: Articles Tagged With: civic society, Constitution, constitutional crisis, constitutionalism, fidelity to the constitution, legal interpretation

Polish Disputes Between Populist and Legal Constitutionalism in the Context of Reflexivity of Constitution

Dr hab. Maciej Pichlak

Uniwersytet Wrocławski

English abstract: The article aims to analyse legal constitutionalism and populist constitutionalism as two dominant ideological positions in the constitutional discourse of the last decades. The analysis is focused on the exemplifications of these positions in writings of selected Polish legal scholars, in the context of the Polish constitutional crisis of the rule of law, and conducted from the perspective of the philosophy of reflexivity. This theoretical and methodological approach enables demonstrating that the two examined doctrines – despite all the differences between them – share common erroneous assumptions regarding the relationships between law, democracy, and constitutional practice. Both of them strive to shape this practice in a closed-end and monological manner, subjected to one particular type of rationality. For legal constitutionalism, this will be juridical rationality, and for its populist counterpart – political rationality. This shared fallacy makes their ongoing dispute futile. An alternative approach to constitutionalism is to take into account the fundamental reflexivity of constitutional practice (regarded as the practice of creating, applying and interpreting a constitution, and of public debate on its text). In line with the general characteristics of reflexivity, constitutional practice appears as an open and pluralistic process, mediating between different viewpoints in society. Such an alternative is important not only when considering the Polish constitutional disputes, but also in the broader context of the contemporary crisis of liberal-democratic constitutional orders.

Keywords: legal constitutionalism, populist constitutionalism, reflexive constitutionalism, reflexivity of law, constitutional crisis, crisis of the rule-of-law state, crisis of the rule of law

Language: Polish

Published: Number 1(30)/2022, pp. 63-73

DOI: https://doi.org/10.36280/AFPiFS.2022.1.63

Download: Download
Number of downloads: 74

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

Filed Under: Articles Tagged With: constitutional crisis, crisis of the rule of law, crisis of the rule-of-law state, legal constitutionalism, populist constitutionalism, reflexive constitutionalism, reflexivity of law

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Szukaj

Categories

  • Articles
  • Bez kategorii
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

legal multicentrism financial market parliament operative legal interpretation multilingualism of law technological progress religious pluralism journalist legal ethics liquid modernity deliberative democracy logical derivation ideology Maciej Pichlak Joanna Kuźmicka-Sulikowska liberty cohesion legal profession Maciej Próchnicki Justyna Jezierska spokesman of truth discretion multiculturalism of law legal sentences organ donation the political virtue jurisprudence Paweł Polaczuk legislative history interests of the deceased legal institutionalism Bruce Lee’s case constitutional interpretation law and conventional social facts “little ethics” generative linguistics meaning externalism socialization Wojciech Engelking Japanese criminal law revolutionism thick properties arbitrariness Marcin Matczak statement of reasons for a court judgment state prosecutor Agamben vagueness constitutional crisis basic social structure

Copyright © 2023 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Karolina Gmerek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT