The Janus Face of Constitutionalism
Journal Title: Krytyka Prawa. Niezależne studia nad prawem - Year 2019, Vol 11, Issue 1
Abstract
The article is based on an assumption that constitutionalism has a Janus face. A constitution is both a legal and a political act. So far, the public domain has been dominated by legal constitutionalism (constitutional dogmatics), which excludes the constitution from the public sphere, subjecting it to the authority of lawyers-experts. The contemporary political phenomena such as: new populism, illiberal democracy or new constitutionalism should shift the interest of researchers to the political aspect of constitutionalism. Constitutionalism is, therefore, a multidimensional social practice. A political game featuring many actors. And the constitutionalism of lawyers is only one of its possible interpretations. Citizens also have their own constitutionalisms, and different perspectives on constitutionalism, reflecting opposing interests, may lead to conflicts. The constitutional law dogmatics applied to resolve such conflicts would argue for the existence of a transcendental framework for their resolution. A more political approach denies the existence of such a framework. In other words, the dogmatics in question requires democracy to adapt to constitutionalism, while the political approach requires constitutionalism to adapt to democracy. The text is an introduction to a part of a volume featuring articles by authors affiliated with the Centre for Legal Education and Social Theory of the University of Wrocław.<br/><br/>
Authors and Affiliations
Michał Stambulski, Adam Czarnota
Keywords
Related Articles
- EP ID EP538786
- DOI 10.7206/kp.2080-1084.271
- Views 81
- Downloads 0
[b]The Legal Situation of Parties to a Franchise Agreement after Termination[/b]
Quite a lot of emphasis has been placed in the research on franchise arrangements as a form of cooperation between entrepreneurs, as well as on franchise agreements that constitute the framework for such cooperation. Thi...
[b][i]Bezpieczeństwo ekologiczne w ramach realizacji europejskiej i polskiej polityki ochrony środowiska [/i][/b]
The competences of the National Judicial Council and their impact on the realisation of the independence of Judges and the independence of courts. Prolegomena
The article presents the powers of the National Council of the Judiciary of Poland in terms of their potential impact on the implementation of the principle of the independence of judges and independence of courts. Durin...
Evidentiary Hearings in Civil Proceedings – Selected Problems
The purpose of this article is to discuss selected problems related to conducting evidentiary hearings in civil proceedings, with a special emphasis on the essence of a motion for evidence and on the option to file it. T...
[b][i]Liberalne equilibrium: państwowa realizacja prywatnych celów[/i][/b]
Autor argumentuje, iż liberalna myśl polityczna stanowi equilibrium miedzy jej totalitarnym a anarchistycznym odpowiednikiem. W rzeczy samej, liberalizm znajduje sie w samym środku szerokiego spektrum możliwych relacji m...