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Nostalgic Constitutional Identity
Nostalgic Constitutional Identity

Author(s): Michał Stambulski
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Law and Transitional Justice, Sociology of Law, Politics of History/Memory, Politics and Identity
Published by: Stowarzyszenie Filozofii Prawa i Filozofii Społecznej – Sekcja Polska IVR
Keywords: constitutional identity; collective memories; nostalgia

Summary/Abstract: The paper deals with the link between the notions of constitutional identity and nostalgic collective memory. Starting from the notion of nostalgia of postmodern society as used in social theory, it shows that this cultural condition is reflected in in constitutions. The point of reference for contemporary political projects is no longer the future but the past. Longing for a lost homeland becomes a dominant social emotion. The author shows that this vision of the past is present in constitutions, especially in post-communist countries. It influences constitutional identity and, due to different temporal structures, is in conflict with the constitutional identity of the EU. The article ends with an analysis of the consequences of such a politics of nostalgia and the possible defence mechanisms against it.

  • Issue Year: 21/2019
  • Issue No: 3
  • Page Range: 95-106
  • Page Count: 12
  • Language: English