Konstytucja, konstytucjonalizacja i  konstytucjonalizm. Kilka uwag o współczesnych tendencjach oraz teoretyczno-prawnej propozycji ich konceptualizacji
Constitution, Constitutionalization, and Constitutionalism: Some Remarks on Contemporary Trends and a Theoretical-Legal Proposal for Their Conceptualization

Summary/Abstract: Constitutionalism is a domain of critical reflection, encompassing the relationship between constitutional provisions and reality, as well as reality's relationship with the constitution. Today, the principle of constitutionalism is regarded as a cornerstone of a democratic state governed by the rule of law. It is often equated with constitutional legality and constitutional legality-based rule of law. Constitutionalism is implemented through numerous rules and principles, including those related to the application of law, particularly its interpretation. These principles, interpreted within either a positivist or post-positivist framework, acquire particular significance in realizing the principle of the rule of law. They influence the shape, understanding, and meaning of the concept of constitutionalism. A theoretical explanation of these trends is provided by the increasingly popular theory of the constitutional state governed by the rule of law, which has also gained traction in domestic legal literature. This theory focuses on broadly conceived legal reasoning, particularly interpretative and validation reasoning of an operational nature, where constitutional norms and the values they express play a pivotal role. As an argumentation-based theory of law application, it views constitutionalism not merely as a description of normative constitutional solutions but primarily as a collection of ideas, principles, and values that play a crucial role in justifying legal decisions.

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