Tożsamość człowieka jako punkt wyjścia dla rozumienia tożsamości konstytucyjnej. Wybrane koncepcje filozoficzne i psychologiczne

Abstract

PERSONAL IDENTITY AS A REFERENCE POINT FOR DEFINING CONSTITUTIONAL IDENTITY. SELECTED PHILOSOPHICAL AND PSYCHOLOGICAL CONCEPTS The concept of constitutional identity relies on the notion of “identity”, which has been of interest to the social sciences for centuries. Based on the specific characteristics of constitutional identity, especially in the sense of dynamic concepts that emphasize the subject of constitutional identity, it is possible to point to aspects common to human identity and constitutional identity. The subject of constitutional identity is a sort of carrier of the legitimacy of power, the sovereign. Although it exists in the world of ideas, it needs to be created by actually existing persons, groups of persons or institutions. The paper searches for aspects of human identity that, in analogy to constitutional identity, become necessary elements for the creation of an actually existing subject perceiving constitutional identity. For this purpose, philosophical and psychological concepts of identity have been selected, whose scope includes aspects of both individual and collective identity and interactions between them. The interpretation of the subject perceiving constitutional identity realistically impacts the interpretation of the content of constitutional identity itself. Moreover, shifting the weight of constitutional identity considerations to how constitutional identity is interpreted by different perceiving subjects enables an empirical examination of the content of constitutional identity and an indication of differences in its perceptions.