PL EN


2005 | 4(179) | 39-67
Article title

SOCIETY IN A SOCIETY. A SOCIOLOGICAL CONCEPT OF CONSTITUTIONALISM AFTER COMMUNISM

Authors
Title variants
Languages of publication
PL
Abstracts
EN
Do postcommunist constitutions reflect a theory of society, which would contribute to the consolidation of new democracies around symbols and meanings, and to the formation of a positive constitutional consensus? Do they allow for choosing from many options of further development? The former system had such a theory at its disposal - it was Stalinist constitutionalism, founded on the Marxist theory of social development and a clearly defined distinction between Stalinist and liberal democratic constitutionalism. The social correlate of Stalinist constitutionalism, known also as hypocritical, presented a negative constitutional consensus. Current difficulties in the democratic consolidation, and the formation of a positive constitutional consensus are a result of a particular character of the legitimization of the transformation, in the concept of a legal revolution, and of the lacking of an undisputable and clear conceptualization of human rights. The latter present a deciding factor in the postcommunist differentiation from the Stalinist constitutionalism. In consequence, a hypothetic possibility of an eclectic constitutionalism emerges which success depends on its reflection of local democratic tradition and social aspirations
Year
Issue
Pages
39-67
Physical description
Document type
ARTICLE
Contributors
  • G. Skapska, Uniwersytet Jagiellonski, Instytut Socjologii, ul. Grodzka 52, 31-044 Krak√≥w, Poland
References
Document Type
Publication order reference
Identifiers
CEJSH db identifier
06PLAAAA00711767
YADDA identifier
bwmeta1.element.72cf57f9-803c-346c-91a8-2c9a259d5148
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