CENTER FOR THE THEORY AND PHILOSOPHY OF HUMAN RIGHTS

Constitutional Consciousness as a Remedy for the Crisis of Discourse and Democracy Deficit in the European Union 

In Lithuanian: Konstitucinė sąmonė kaip diskurso krizės ir demokratijos trūkumo Europos Sąjungoje šalinimo priemonė 

The main aim of the research project is to point out that increasing citizens’ constitutional consciousness – as foundations for constitutional patriotism – may create an alternative form of building a European identity. Current “democracy deficit”/“public legitimacy crisis” may be examined not solely from European, but also from individual perspective. The level of social consciousness about the role of public institutions (mainly in the area of human rights protection, the law created and applied by the state and – extensively – rights and duties regarding common good) corresponds with the level of constitutional identity. The quality of particular importance is diversity that is prior to the concept of legal (constitutional) identity and also to self-determination of individual citizen and then the entire society. The individual consciousness being shaped in the process of European integration (meaning not solely the EU, but also the European system of human rights protection) should be examined more intently. There is a need for redefining patriotism arising from the sense of national identity as well as from constitutional principles and values and from the constitutional traditions common to the EU member states. Patriotism, including its constitutional aspect, remains an ambiguous notion, since it does not directly refer to any nation or culture. A reliable basis for its definition is provided by the constitution, not an ethnic or cultural liaisons. This determines its civic, universal and democratic nature. Nevertheless, it does not ignore the national aspect, but points out its subsidiary role. 

The task determined requires answering the following questions: 1) whether the constitutional consciousness covers solely positivist constitutional principles or may it also cover dynamic legal interpretation that serves the social integration around certain values; 2) is it practicable to strengthen the citizens’ sense of empowerment by increasing their participation in democratic institutions and by undertaking activities in order to base the constitutional consciousness not only on written rules and principles, but also on values (such as: democracy, liberty, common good) that may be considered universal; 3) whether the constitutional patriotism, shaped by social consciousness, may be translated from a national into the European (Union) level. The “democracy deficit” and the ongoing changes in the contemporary states create a need for research on content of national and constitutional identity and relations between them as well as on legitimacy and recognition grounds for the rules of common social order. First of all it is essential to determine the systems of values as a community-integrating factor. Then it will seem plausible only with an assumption that the constitution is in fact a sort of a social contract and a legal order arising from such contract is an expression of the tradition common to the European culture.  

The research based on empirical factors (legal acts, case-law), also involves the theoretical and dogmatic knowledge. The two levels will be visibly separated: descriptive and projecting. The analysis employing all canonical methods of legal interpretation shall lead to statements containing demands and de lege ferenda motions. The research also involves a comparative method and will be conducted at the institutional level in Poland and Lithuania (“young democracies”) as well as in the “old democracies” of Europe, where the role of tradition and legal culture for developing constitutional consciousness is particularly stressed (Great Britain, France, Germany, Italy, Spain). There is also a need for implementing sociologic methods in reference to the EU crisis experienced at the individual and social level. 

The research subject is taken up due to the importance and validity of constitutional consciousness and patriotism for the legal studies. It attempts to present that the abstract philosophical construct may be translated to the legal practice within both constitutional and European (Union) law and subsequently expressed in domestic and European case-law. The results shall influence the development of legal science by linking the concept of patriotism directly with certain institutions of constitutional and European law. There is also a practical value – examination of crisis and democracy deficit on the national level concerning individual perspective. The research findings will be published in a collective monograph (in Polish and in English) – the partial findings also as separate papers in Polish and in foreign academic journals. They will be also presented at an academic conference. 

The assumed added value covers: an exchange of legal thought, creating and reinforcing an academic network that will contribute to further cooperative research on essential problems of contemporary Europe; organizing joint conferences and academic seminars; popularization of Polish science in the world; improving the quality of teaching at universities by means of publications concerning vital issues.