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

• Authors: Skapska G.
• 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

Keywords

EN

CONSTITUTIONAL CONSENSUS; CONSTITUTIONALISM; HUMAN RIGHTS CONCEPTUALIZATION

Discipline

• SOCIOLOGY: SOCIOLOGY

• Publisher: Institute of Philosophy and Sociology, Polish Academy of Sciences
• Journal: Studia Socjologiczne
• Year: 2005
• Issue: 4(179)
• Pages: 39-67
• Document type: ARTICLE

Contributors

author

Skapska G.

• G. Skapska, Uniwersytet Jagiellonski, Instytut Socjologii, ul. Grodzka 52, 31-044 Kraków, Poland

Identifiers

CEJSH db identifier

06PLAAAA00711767