The idea of constitutionalism in democratic and authoritarian states

Abstract

Polish constitutional law utilizes the notion of “constitutionalism” but does not explain the basic components which would help to classify a given system to such a category. The 20th century utilized this concept for the purposes of confrontation between West and East, but with the democratic wave of the 1990s and the decay of the transition process, it began to lose its widely acknowledged criteria of recognition. The article brings new taxonomy proposed in comparative constitutional law which suggests that there is no longer one fixed notion of constitutionalism. Such an approach seems to be the equivalent of realpolitik in constitutional studies accompanied by the suggestion that Western taxonomy can no longer ignore the protracted existence of constitution- based states which treat it as an object but reject other components e.g. separation of powers, an effective impartial and independent judicial system and legal constraints. Such realism in taxonomy may come at a price, with even further decay of rule of law standards and erosion of liberal democracy.