Confucian constitutionalism as a challenge

Recenzenci: prof. dr hab. Artur Mezglewski (UO), prof. dr hab. Joachim Osiński, dr hab. Ireneusz C. Kamiński, prof. INP PAN, dr hab. Artur Łuszczyński, prof. UR, dr hab. Mirosław Sadowski, prof. UWr, dr Wojciech Burek (UJ), dr Maurycy Zajęcki (USWPS)

The presented paper is a preliminary attempt to answer the question: whether the so-called Confucian Constitutionalism is a positive challenge for the dominant understanding of constitutionalism (in the form of the so-called liberal constitutionalism)? This involves adopting several assumptions. First, Confucian Constitutionalism can be treated as an intellectual challenge only against particular approach to constitutionalism. Strong adherence to the exclusive position, according to which there is only one constitutionalism, significantly limits (if not excluding) the possibilities of creative appeals to Confucian Constitutionalism. Second, presented approach refers to the concept of constitutional listening developed by M.D. Dowdle, which brings general justification for treating Confucian Constitutionalism as a positive challenge. Third, the focus is on the potential benefits that are associated with studying Confucian Constitutionalism, and not considering this project neither as a kind of threat nor a dubious a priori construction. What is more, the above-mentioned question presupposes that there is room for seeking new ideas on constitutionalism, going beyond considerations carried out under the banner of liberal constitutionalism.