Certain works in the most recent Polish constitutional law literature suggest that there is acceptance of the principle or the concept of autonomous interpretation of a constitution (autonomy of interpretation of constitutional terms). The Constitutional Tribunal also makes reference to this in numerous rulings. Paradoxically, however, that concept is not very popular in legal theory. It might seem that Polish legal theoreticians and philosophers do not appreciate the concept of interpretation of a constitution devised through practice with the support of (...) constitutional law doctrine. It might, however, mean that opinions on autonomous interpretation of Polish Constitution are nothing more than rhetorical arguments formulated ad hoc not a coherent concept or a theory. This text is an attempt to analyse this concept and its potential in discussions surrounding application of the Polish Constitution. (shrink)

This article seeks to shed light on some of the problematic assumptions underpinning the contemporary debate over the constitutional identity of the European Union. The central claim put forward here is that the development of the European Union’s constitution is significantly constrained by what Charles Taylor has described as the modern social imaginary. The constraint operates at two levels. First, modern understandings of constitutionalism typically ignore or underemphasize its dynamic and historical characteristics and its relationship with the self-understanding of political (...) subjects. Thus, modern constitutionalism fails to acknowledge the importance of historically conditioned assumptions involved in the formation of the identities of political subjects. In short, it fails to understand constitutionalism as a ‘regime’. Second, modern constitutionalism’s blind-spots result in a relatively unreflective adherence to a particular type of constitutional regime: the modern economy and its associated ‘consumerist’ form of political citizenship. (shrink)