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Prawo europejskie a polska tożsamość konstytucyjna (aspekty prawno-polityczne). (Polish)
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- Author(s): WAWRZYNIAK, JAN
- Source:
Przegląd Konstytucyjny; 2023, Issue 3, p25-42, 18p- Subject Terms:
- Source:
- Additional Information
- Alternate Title: European law and Polish constitutional identity (legal and political aspects). (English)
- Abstract: The article's research aims to answer whether constitutional identity (as well as numerous doctrinal studies concerning constitutional identity) may substantially help solve problems regarding the relationship between European law and national law. The article discusses the hypothesis that the identity and the studies multiply doubts and uncertainty rather than answer the pragmatic questions in constitutional law. The author deals with identity as a social construct and convention created by academics and constitutional courts. Identity belongs primarily to the dictionary of academic language. It is rarely used in normative acts, in particular in constitutional provisions. The constitutional identity seems to be also vague and controversial for the author. Nevertheless, studies on identity may - as the article suggests - realise at least one (constitutionally important) aim. It is a better self-consciousness of constitutional law scholars, which may help them - at the end of the day - to discuss the relationship between European law and national law in more and more precise terms. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of Przegląd Konstytucyjny is the property of Jagiellonian University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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