Dialektyka solidarności a państwo prawa
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Date
2016
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Uniwersytet im. A. Mickiewicza w Poznaniu Wydział Nauk Społecznych, Instytut Filozofii UAM
Title alternative
Dialectic of Solidarity and the Rule of Law
Abstract
The article concerns the significance of the idea of solidarity
for the rule of law within contemporary constitutional democracies.
The author presents, with reference to P. Ricouer’s philosophy,
the dialectical nature of solidarity which mediatises ideals
of love and justice. He also presents the solidarity’s place within
liberal and republican political thought. The author points the
limitations imposed on the idea of solidarity by the model of liberal
constitutionalism. At the same time he emphasises that legal
recognition related to liberal culture of human rights gains its
social complement in the idea of solidarity. He argues that the
idea of solidarity might determine the concept of legitimization
of power in its modern formula. The idea of solidarity and the
concept of rule of law both realise – in different ways and on different
levels – the common values oriented towards elimination
of arbitrariness of power and ensuring conditions for cooperation
between members of political community. The constitutional justice
may perform a leading role in fulfilment the idea of solidarity
as it watches over distribution of political power and secures processes
of free communication within political community.
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Keywords
solidarity, rule of law, democracy, constitutionalism, constitutional justice
Citation
Filozofia Publiczna i Edukacja Demokratyczna, 2016, Tom 5, Nr 1, s. 37-62.