The Impact of Collective Memory on Judicial Reasoning in Central Europe over the Past Three Decades

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Authors
Cyuńczyk, Filip
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Date
2026-09-30
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POLISH POLITICAL SCIENCE YEARBOOK
Issue
3
Volume
55
Pages
Pages
189-201
DOI
ISSN
0208-7375
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https://czasopisma.marszalek.com.pl/ppsy/31/900/15248?lang=pl
Access date
2026-09-30
Abstract PL
Abstract EN
This article examines how collective memory has shaped judicial reasoning in Central Europe over the last thirty years of post-communist transformation. Drawing on constitutional and supreme court decisions from the Czech Republic, the Republic of Latvia, and the Republic of Poland, it demonstrates how highly visible courts employ both narrow, formalist interpretations and broader, memory-based narratives when addressing disputes rooted in the past (understood as a collective memory reflection). In many cases, references to historical experience and shared memory have become central to judicial justifications, shaping the legitimacy of constitutional orders and reinforcing political communities. The analysis situates these practices within the broader context of transitional justice and constitutional liberal democracy, showing that collective memory functions as both a resource and a challenge for courts. By highlighting the tension between legal formalism and commemorative argumentation, the article underscores the role of memory politics in shaping the evolution of constitutional reasoning in Central Europe.
Abstract other
Keywords PL
Keywords EN
Central Europe
collective memory
rule of law
memory politics
judicial rea- soning
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Sustainable Development Goals
SDG 16. Peace, Justice and Strong Institutions
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https://share.swps.edu.pl/handle/swps/2751
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cc-by-nc-nd
Except as otherwise noted, this item is licensed under the Attribution-NonCommercial-NoDerivatives licence | Permitted use of copyrighted works
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