Critique of forms of life as a perspective for critical constitutionalism

The topic touches upon the idea of critical constitutionalism as an effect of the constitutional crisis in the CEE. This approach considers contexts, meanings and roles that a particular institution fulfils. Due to that, it is essential to assess institutions as problem-solving entities. Thus, while considering, e.g. legal institution, it is necessary to take into account its ability answerability to the needs for which the institution was created, dynamics of the crisis that passes through and finally, the possibility of “learning” – the modification, development and adaptation of the institution to the history it has undergone. Critical constitutionalism applies these conditions to the Constitution. It will be argued that in the context of Poland, a change of the Constitution as a response to the ongoing crisis should not be seen as a sign of weakness but a way to regain trust for public institutions and create safeguards for the future.