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VICTIMHOOD OF THE NATION AS A LEGALLY PROTECTED VALUE IN TRANSITIONAL STATES – POLAND AS A CASE STUDY

Wroclaw Review of Law, Administration & Economics

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Title VICTIMHOOD OF THE NATION AS A LEGALLY PROTECTED VALUE IN TRANSITIONAL STATES – POLAND AS A CASE STUDY
 
Creator Gliszczyńska-Grabias, Aleksandra
Śledzińska-Simon, Anna
 
Description The memory of the past is always vital for building national identity in transitional contexts. Yet, the preservation of a particular representation of the national history may lead not only to distortion of the self-identification process, but also to distortion of rights protection. Taking Poland as a case study, we aim to explain mechanisms of using criminal laws for historical assessment and show instances when victimhood became a legally protected value used to justify limitations of free speech and academic research. We argue that the law criminalising defamation of the Polish Nation, and also the decision of the Polish Constitutional Tribunal, were symptoms of frustration and fear against opening and engaging in an honest public debate on recent history, which is necessary for establishing not only the fundamentals of transitional justice, but more importantly, for building mutual trust in a democratic society.Key words: victimhood, memory, constitutional court, Poland
 
Publisher University of Wroclaw
 
Contributor —
 
Date 2016-12-31
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
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Format application/pdf
 
Identifier http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/131
 
Source Wroclaw Review of Law, Administration & Economics; Vol 6, No 2 (2016): Issue 2; 45-61
2084-1264
 
Language eng
 
Relation http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/131/220
 
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