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.Instead, citizens appropriate and interpret them inthe context of their particular history and in the light of their ownethical and political commitments.This process of appropriation andinterpretation of basic political ideals takes place not only and as partof education in national schools.It takes place to a significant extentwhen political and legal claims are deliberated and negotiated in thepublic sphere.It also takes place as alliances are forged, programmesare articulated, political and legal battles are fought and choices aremade.Thus, universal principles of justice may be textually fixedin the constitution.But they derive their power to shape identities inthe present from the connection with the struggles of the past and theambitions for the future.By being connected to the particular history,ambitions and current political practices of a particular community, 34 Helle Porsdamthick constitutional patriotism reflects the specificity of a particularcommunity.(Kumm 2005, 320 1)This chapter has explored two places or forums in which what Kummcalls a proactive politics of memory has been taking place: the writ-ings of European intellectuals and policymakers, and the two Europeancourts.Intellectuals and policymakers have made use of a human rightsdiscourse to create awareness of the fact that hope for the future is onlypossible, in the European context, when responsibility for past sins isacknowledged.And in evolving a specific doctrine of human rightsover the years and in identifying several different normative underpin-nings for it, including the Treaty of Rome and subsequent treaties, theconstitutional traditions of the Member States, and international trea-ties accepted by Member States, the judges of the two European courtshave helped turn respect for human rights, fundamental freedoms andthe rule of law into founding principles of the European Union and anindispensable prerequisite for the Union s legitimacy.They have, fur-thermore, helped remind Europeans that one way to avoid repeatingpast experiences of military and intellectual mobilization against eachother is to develop new supranational forms of cooperation and govern-ance.As Christian Joerges puts it, the constitutionalizing moment towhich the European integration project responded was the sum of theatrocities of the twentieth century in general, and the persecution andextermination of European Jews in particular.The post-war effort tocreate a European community derives its strength and legitimacy fromthe dignity of this response (Joerges 2005, 245 6).6While it may be exaggerated to talk about European wishes to redeemthe word referring to and punning on Richard Weisberg s argumentson the failure of the word , with which this chapter began there areattempts underway in the European context to reintegrate languageand values.Such attempts have much to do with human rights.Thischapter has been mainly concerned with European intellectuals andpolicy professionals, but these attempts are currently finding their wayinto the cultural sphere as well.Being commissioned in 2005 to writea hymn on human rights, Italian composer Francesco Cali and Danishpoet Jeppe Marsling suggested, for example, that the InternationalDeclaration on Human Rights might be compared to a tree growingon a grave.The roots of the tree will forever be tied to the grave, butthe tree has found a way to grow all the same. Finding inspiration foran art work on justice, wrote Marsling, who was responsible for thelyrics of the hymn, is not easy.It is not possible to search one s heart Human Rights and European Identity 35for the glory of human rights without having to feel the dark inhumanbackground out of which the declaration emerged sixty years ago.Thedeclaration is a tree on the grave.And therefore: the most beautiful oftrees.Its bitter-sweet fruits are to be handled with care.The Human Rights Hymn, which consists of four parts and a chorus,opens with a reminder of the war and the loss of humanity [ Pobierz całość w formacie PDF ]
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.Instead, citizens appropriate and interpret them inthe context of their particular history and in the light of their ownethical and political commitments.This process of appropriation andinterpretation of basic political ideals takes place not only and as partof education in national schools.It takes place to a significant extentwhen political and legal claims are deliberated and negotiated in thepublic sphere.It also takes place as alliances are forged, programmesare articulated, political and legal battles are fought and choices aremade.Thus, universal principles of justice may be textually fixedin the constitution.But they derive their power to shape identities inthe present from the connection with the struggles of the past and theambitions for the future.By being connected to the particular history,ambitions and current political practices of a particular community, 34 Helle Porsdamthick constitutional patriotism reflects the specificity of a particularcommunity.(Kumm 2005, 320 1)This chapter has explored two places or forums in which what Kummcalls a proactive politics of memory has been taking place: the writ-ings of European intellectuals and policymakers, and the two Europeancourts.Intellectuals and policymakers have made use of a human rightsdiscourse to create awareness of the fact that hope for the future is onlypossible, in the European context, when responsibility for past sins isacknowledged.And in evolving a specific doctrine of human rightsover the years and in identifying several different normative underpin-nings for it, including the Treaty of Rome and subsequent treaties, theconstitutional traditions of the Member States, and international trea-ties accepted by Member States, the judges of the two European courtshave helped turn respect for human rights, fundamental freedoms andthe rule of law into founding principles of the European Union and anindispensable prerequisite for the Union s legitimacy.They have, fur-thermore, helped remind Europeans that one way to avoid repeatingpast experiences of military and intellectual mobilization against eachother is to develop new supranational forms of cooperation and govern-ance.As Christian Joerges puts it, the constitutionalizing moment towhich the European integration project responded was the sum of theatrocities of the twentieth century in general, and the persecution andextermination of European Jews in particular.The post-war effort tocreate a European community derives its strength and legitimacy fromthe dignity of this response (Joerges 2005, 245 6).6While it may be exaggerated to talk about European wishes to redeemthe word referring to and punning on Richard Weisberg s argumentson the failure of the word , with which this chapter began there areattempts underway in the European context to reintegrate languageand values.Such attempts have much to do with human rights.Thischapter has been mainly concerned with European intellectuals andpolicy professionals, but these attempts are currently finding their wayinto the cultural sphere as well.Being commissioned in 2005 to writea hymn on human rights, Italian composer Francesco Cali and Danishpoet Jeppe Marsling suggested, for example, that the InternationalDeclaration on Human Rights might be compared to a tree growingon a grave.The roots of the tree will forever be tied to the grave, butthe tree has found a way to grow all the same. Finding inspiration foran art work on justice, wrote Marsling, who was responsible for thelyrics of the hymn, is not easy.It is not possible to search one s heart Human Rights and European Identity 35for the glory of human rights without having to feel the dark inhumanbackground out of which the declaration emerged sixty years ago.Thedeclaration is a tree on the grave.And therefore: the most beautiful oftrees.Its bitter-sweet fruits are to be handled with care.The Human Rights Hymn, which consists of four parts and a chorus,opens with a reminder of the war and the loss of humanity [ Pobierz całość w formacie PDF ]