Author: Jerzy Jaskiernia
E-mail: jerzyj@hot.pl
Institution: Uniwersytet Jana Kochanowskiego w Kielcach
Year of publication: 2018
Source: Show
Pages: 103-122
DOI Address: https://doi.org/10.15804/tpom2018108
PDF: tpom/27/tpom2708.pdf

Dispute about Existence of Natural Legal Oder

The author analyses genesis and development of natural law and its contemporary meaning He rise a question why Constitution of the Republic of Poland of 2 April 1997 do not expose a highest position of natural law in country’s legal order. Constitution in several places, including preamble, is based on natural law axiology. The National Assembly, which passed a Constitution had a problem with definition of “natural legal order”. As long as such a clause has not precise legal meaning, it would be difficult to situate such a norm in the Constitution which is directly applied (art. 8.2 of Constitution). A hesitancy to introduce highest position of natural law was additionally connected with the centerleft characteristic of the National Assembly elected in 1993. Once attitudes of Polish people has changed toward center-right orientation, that may influence a new look on the question of situating a natural law in the Constitution when pressure to its change will occur.

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