The Integral Legitimacy of the Constitution Cover Image

Integralna legitymizacja konstytucji
The Integral Legitimacy of the Constitution

Author(s): Michał Bożek
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: constitution; constitutionalism; the core of the constitution; legitimacy; democracy

Summary/Abstract: The aim of the article is an attempt to formulate main assumptions of the concept of integral legitimacy of the constitution. The first one is an opinion that the integral legitimacy is included in the nature of the constitution and is a necessary element of the core of constitution. The second one is an opinion that there is an unbreakable bond between the form and the content of the constitution, which decides about legitimacy of the constitution. The third one is an opinion that the integral legitimacy of the constitution is two-stage legitimacy. The first degree is a necessary element of each constitution. It provides the overall framework of the constitutional order. The second degree is an extension of the first degree of legitimacy and results from the decision of the society concerning the form and the content of the constitution. The last one is an opinion of multidimensional character of the legitimacy of the constitution. The legitimacy is based on belief in social acceptance for the principles of the idea of constitutionalism, which are reflected in rules and values creating the core of the constitution.

  • Issue Year: 24/2022
  • Issue No: 4
  • Page Range: 7-28
  • Page Count: 21
  • Language: Polish