The Choice of a Way of Life and the Consciousness of a Fundamental Rights

Mikołaj Ryśkiewicz — Sat, 16 Jul 2022 08:19:58 +0000

Prof. UŁ dr hab. Bartosz Wojciechowski

University of Lodz

English abstract: The article deals with the need for acceptance of pluralism of ways of life in modern legal orders, which should allow each individual to find his or her own modus vivendi in a diverse world. Such an attitude is particularly important in the discussion on LGBTQ rights, for which the starting point is the case law of the Supreme Administrative Court in these matters. The author points out that proper exercise of rights and tolerance for pluralism of values, beliefs and ways of life is not possible without legal consciousness of the entities belonging to certain minorities, which is built by a sensitive and pluralistic attitude of judges, reflected in their judgments.

Keywords: equality, (non)discrimination, identity, legal consciousness, axiological pluralism, human dignity, recognition

Language: Polish

Published: Number 2(31)/2022, pp. 97-108.

DOI: https://doi.org/10.36280/AFPiFS.2022.2.97

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Number of downloads: 396

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

On the Possibility of Administrative Courts Shaping Constitutional Consciousness

Mikołaj Ryśkiewicz — Sat, 16 Jul 2022 08:19:37 +0000

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: 343

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

Archiwum Filozofii Prawa i Filozofii Społecznej

The Choice of a Way of Life and the Consciousness of a Fundamental Rights

Prof. UŁ dr hab. Bartosz Wojciechowski

University of Lodz

On the Possibility of Administrative Courts Shaping Constitutional Consciousness

Dr Anna Chmielarz-Grochal

University of Lodz