Kim ma być wychowanek akademii prawniczej? O perspektywach budowania edukacji prawniczej wokół konstytucji
What is a law academy’s alumnus to be like? On the prospects of developing a legal education around the constitution
Author(s): Andrzej Bator, Przemysław KaczmarekSubject(s): Politics, Education, Constitutional Law
Published by: Akademia Leona Koźmińskiego
Keywords: law; politics; legal institution; education; constitution; constitutionalism;
Summary/Abstract: This article has arisen from the observations of the current Polish political and legal disputes over the Constitution. In pursuing the reasons for the different lines of argument presented, we have brought to attention the issue of education in constitutional law. We have presented the task set over two stages. In the first stage we discussed the educational models as expounded in the social theory. As a starting point, we adopted the structural-functional model and its criticism along the lines of the conflict-theory, interpretative and critical theories. Subsequently, the evolution was presented of administrative-law institutions in the light of the conflict between the expected openness to the ethical and political dimensions and the integrity and coherence claims. To this end, we followed the proposals of Philippe Nonet and Philip Selznick. In the second stage, we reviewed three conceptions of the constitution and constitutionalism. The views of Hans Kelsen, Carl Schmitt as well as the American judicial review doctrine served as model examples. These proposals, as we have tried to demonstrate, can be presented as the cornerstones of the three visions of constitutional-law education. In this article, we did not satisfy ourselves in presenting the educational models and reconstructing the vision of constitutional education. We have also attempted to demonstrate, bearing in mind the experiences of the Polish debate over the Constitution, that the judicial review doctrine opens up a promising sphere for a revaluation of both the theory and practice (and hence, the didactics) of constitutional law.
Journal: Krytyka Prawa
- Issue Year: 10/2018
- Issue No: 2
- Page Range: 9-40
- Page Count: 32
- Language: Polish