Constitutional Consciousness

Constitutional consciousness refers not only to national, but European identity. Its low level results with democratic deficit in member states and in the EU itself, while an increase serves as remedy deficit and strengthen fundamental rights. The book covers the issues of European integration and the common catalogue of values and human rights.

Constitutional consciousness belongs not solely to the legal field, but also to other social sciences. It refers not only to constitutional and national identity but also to European identity, as the general principles of EU law derive from common constitutional traditions. Its low level results with difficulties in the proper reading of the legitimacy of power and with the recently widely discussed democratic deficit both in member states and in the EU itself. The publication addresses the issue of European integration and the common catalogue of values and human rights. The aim is to point out that increasing its level in society shall bring remedy for the democratic deficit in the EU and strengthen respect for fundamental rights. This thesis gives the publication an innovative Character.

Autorentext

Skirgaile Zalimiene and Bartosz Wojciechowski are judges in the Supreme Administrative Courts in their countries. The co-authors are practicing lawyers and scholars dealing with constitutional, European and administrative law as well as legal philosophy.

Inhalt

The Role of Democratic Thinking in the Shaping of Legal Awareness and Legal Recognition - National Identity: Constitutional Patriotism or Dialogue on Values - The Margin of Appreciation - a Safety Anchor for Constitutional Identity in Semiotic and Legal Contexts - The Political Versus Proportionality - Methods of Justifying Conflicts of Constitutional Values - The Indifference of Law to Literature - The Limits to Constitutional Amendments and the Question of Constitutional Identity and Citizens' Consciousness (the Polish case) - "Tempering Steel" - on Shaping the Standard of Interpretation of the Convention as Exemplified by the Legal Recognition of Same- Sex Relationships - Freedom of the Rule of Law- Promoting Expression of Prosecutors under European Law - Right of Access to Justice in Environmental Matters as One of the Forms of Public Participation in Governance and an Instrument for Upholding the Values of the European Union - Participatory Budgeting as a Tool for Increasing Constitutional Awareness