Constitution of the Republic of Poland

  • Protection of the environment under the provisions of the Constitution of the Republic of Poland

    Author: Katarzyna Dunaj
    E-mail: kdunaj@interia.pl
    Institution: National University of Defence in Warsaw
    Year of publication: 2015
    Source: Show
    Pages: 189-200
    DOI Address: https://doi.org/10.15804/ppk.2015.06.11
    PDF: ppk/28/ppk2811.pdf

    The article is devoted to the constitutional protection of the environment in Poland. The analysis includes environmental protection as one of the tasks of the Republic of Poland, duty of public authorities, a condition limiting the rights and freedoms of man and citizen, as well as rights and obligations of the individual in the area of environmental protection, including right to be informed of the quality of the environment and its protection. According to the author the scope of constitutional protection of the environment is sufficient. However the Constitution of the Republic of Poland does not guarantee right of the individual to use unpolluted environment.

  • Axiology of the Constitution of the Republic of Poland of 2 April 1997

    Author: Grzegorz Kryszeń
    E-mail: kryszen@uwb.edu.pl
    Institution: Białystok University
    Year of publication: 2015
    Source: Show
    Pages: 228-246
    DOI Address: https://doi.org/10.15804/ppk.2015.06.14
    PDF: ppk/28/ppk2814.pdf

    This work is an attempt to determine the axiological basis for the constitutional system of the Republic of Poland. Summing up the findings concerning the fundamental values of the state political system underlying the solutions of the Constitution of the Republic of Poland of 2 April 1997, we can conclude that it should have the following attributes: to be the common good of all the citizens, a democratic state implementing the idea of the sovereignty of the Nation and civic society, a state that is ruled by law, independent and sovereign, secular, diligent and efficient, implementing the concept of separation of powers. The constitutional values referring to the status of “human and citizen” are: the dignity and freedom of the person, equality and solidarity of all persons, an individual’s personal, social and legal security and the protection of their freedoms and rights. In accordance with the Constitution of the Republic of Poland, the axiological foundation of the socio-economic system is social market economy based on three pillars: 1) freedom of economic activity, 2) private ownership, 3) solidarity, dialogue and cooperation of social partners. The list of these values should be complemented with the social values which determined the adoption of the concept of social market economy, social justice and social security of citizens.

  • Citizenship, the Vector of Present? Considerations de lege lata Based on the Polish Domestic Law

    Author: Małgorzata Babula
    E-mail: malgorzata.babula@gmail.com
    Institution: WSPiA University in Rzeszów
    Year of publication: 2018
    Source: Show
    Pages: 709-721
    DOI Address: https://doi.org/10.15804/ppsy2018409
    PDF: ppsy/47-4/ppsy2018409.pdf

    The modern world is opening up to a series of innovations, differences and broadly understood diversity. The pace of changes becomes a peculiar substructure of creating patchwork nations. The variety of races, colors, religions and cultures. All of the above contain a point which, like an electron, resembles an omnipresent “variant”. This constant value is a human being. We are accompanied by a sense of belonging to a specific place, culture and values. On this basis, we expect something (e.g. having rights and freedoms). Citizenship seems to be a binder that puts us in a clearly narrowed community with certain values and often allows us to distinguish our own “self”. Created by history, absorbing presence, citizenship is an important element of our affiliation to the country, to culture and to the values hidden behind them. In the world of diversity, it seems to be a desirable and important element. The purpose of this article is to discuss the contemporary role assigned to citizenship, as well as to show the citizenship as a factor shaping the position of the individual and justifying the distinction made in specific areas of human functioning in the state.

  • Spór o istnienie naturalnego porządku prawnego

    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.

  • The Role of the Constitutional Regulations in the Area of Security and Defense of the Republic of Poland

    Author: Krzysztof Prokop
    E-mail: krzysztof.prokop@uph.edu.pl
    Institution: Siedlce University of Natural Sciences and Humanities
    ORCID: https://orcid.org/0000-0002-3447-4592
    Year of publication: 2019
    Source: Show
    Pages: 227-234
    DOI Address: https://doi.org/10.15804/ppk.2019.05.16
    PDF: ppk/51/ppk5116.pdf

    The article focuses on the constitutional aspects of defense and security of the Republic of Poland. It analyzes the provisions of the Constitution concerning defense and security, including the tasks and the competences of the state bodies in the area of defense and security, the principles of commanding over the Armed Forces in time of peace and wartime, their tasks in the field of defense and security. According to the author of article the constitutional regulation on security of the Republic of Poland leaves room for numerous doubts. They can be largely attributed to the lack of a distinct division of the state bodies’ competencies in the area of security and defense. The Constitution does not stipulate the rules on commanding over the country in wartime. Whereas solutions included in the statutes arouse doubts in terms of their accordance with the Constitution.

  • Sustainable Development as a Constitutional Value

    Author: Elżbieta Ura
    E-mail: uraelzbieta@pro.onet.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0001-6896-6790
    Year of publication: 2019
    Source: Show
    Pages: 229-339
    DOI Address: https://doi.org/10.15804/ppk.2019.06.24
    PDF: ppk/52/ppk5224.pdf

    The aim of the study is to draw attention to the principle of sustainable development, which is contained in the Article 5 of the Constitution of the Republic of Poland. As a constitutional value, it certainly refers to such goods as ensuring environmental protection and protection of human and civil rights. It is a systemic principle and its main purpose is to oblige public authorities to undertake specific socio-economic and political activities taking into account present and future generations. This principle is analyzed in many sciences, most often in economic and administrative-legal terms. There is no single, legal definition of this principle, which would allow for the uniformity of interpretation of the legal provisions referring to its application and observance.

  • Constitutional Freedom of Scientific Research. Contribution to the Discussion

    Author: Artur Biłgorajski
    E-mail: artur.bilgorajski@us.edu.pl
    Institution: University of Silesia in Katowice
    ORCID: https://orcid.org/0000-0002-1389-4520
    Year of publication: 2020
    Source: Show
    Pages: 15-34
    DOI Address: https://doi.org/10.15804/ppk.2020.03.01
    PDF: ppk/55/ppk5501.pdf

    The reform of higher education in the Republic of Poland, which was introduced by the Act of 20 July 2018 Law on higher education and science (Dz.U. 2018, item 1668, as amended; hereinafter: Law on higher education and science), revitalized interests in the freedom of scientific research, optimal ways of its implementation and the role of the state in the support of scientific and research activities. For this reason providing an answer to questions concerning the genesis of regulation of the freedom of scientific research in the Constitution of the Republic of Poland of 2nd April, 1997 (Dz.U. 1997, No. 78, item 483, as amended; hereinafter: the Constitution of the Republic of Poland), specifically in relation to its recognition and position in the Polish constitution, the normative content of the freedom, the beneficiaries and entities obliged to comply with it, appears appropriate. These issues seem to be of particular importance. First of all, the freedom of scientific research shall be one of the crucial elements of a knowledge-based economy, with a significant role of higher educational institutions. Secondly, the proper functioning of universities indicates a broader establishment of human rights. What is more, the hitherto undertaken attempts to define the freedom of scientific research seem not to be incisive enough. The aim of this article, therefore, is to draw attention to the issues and difficulties associated with the freedom of scientific research. The answers given to the aforementioned questions, however, having regard to the limited scope of the publication, cannot be deemed definitive.

  • Law in “Times of Crisis” and Social Justice - General Remarks in the Era of COVID-19

    Author: Krzysztof Wygoda
    E-mail: krzysztof.wygoda@uwr.edu.pl
    Institution: University of Wrocław
    ORCID: https://orcid.org/0000-0002-0997-5512
    Author: Dariusz Wasiak
    E-mail: dariusz.wasiak@wsb.wroclaw.pl
    Institution: WSB University in Wrocław
    ORCID: https://orcid.org/0000-0001-6057-7475
    Year of publication: 2020
    Source: Show
    Pages: 235-244
    DOI Address: https://doi.org/10.15804/ppk.2020.06.19
    PDF: ppk/58/ppk5819.pdf

    The purpose of the article is to signal that actions aimed at implementing the principle of social justice (in the context of Article 2 of the Polish Constitution) require the legislator to consider a number of variables. It is particularly about the principle of equality and guaranteeing an appropriate level of security (including social security), as well as respect for acquired rights and trust in the state and law. Legislative actions that result in legitimate securitization of the law may of course lead to the limitation of the principle of social justice, as long as they take into account the objective needs of safety and health protection. The use of inadequate measures by the legislator or the creation of apparent threats and the related fear by the power apparatus will evoke a deep sense of injustice and lead to violent opposition from society.

  • Access to Public Sector Information in the Perspective of the Constitutional Principle of the Common Good

    Author: Katarzyna Dunaj
    E-mail: katarzyna.dunaj@up.krakow.pl
    Institution: Pedagogical University of Krakow
    ORCID: https://orcid.org/0000-0002-4788-6019
    Author: Bogdan Fischer
    E-mail: bfischer@fischer.biz.pl
    Institution: Pedagogical University of Krakow
    ORCID: https://orcid.org/0000-0002-1893-5870
    Year of publication: 2020
    Source: Show
    Pages: 343-354
    DOI Address: https://doi.org/10.15804/ppk.2020.06.28
    PDF: ppk/58/ppk5828.pdf

    The adoption of the UE Directive on Open Data and Re-use of Public Sector Information gives rise to necessity of its implementation by the Member States of the European Union. The process of implementing the Directive in Poland has also a significant constitutional value, because - according to the authors of this article - its content is realization of the principle of the common good (Article 1 of the Constitution of the Republic of Poland: “The Republic of Poland shall be the common good of all its citizens”). This is because data sharing has not only economic value, allowing the entity using access to public information to achieve a financial benefit, but also in other areas, where, in principle, both parties (a person and public authority) benefit from such action. Therefore, the role of public authorities should be to ensure the widest possible access to public sector information in order to implement the constitutional principle of the common good.

  • Prawo do zdrowego środowiska jako konstytucyjnie gwarantowane prawo podmiotowe

    Author: Dagmara Kuźniar
    E-mail: dkuzniar@ur.edu.pl
    Institution: Uniwersytet Rzeszowski
    ORCID: https://orcid.org/0000-0003-2846-9575
    Year of publication: 2021
    Source: Show
    Pages: 201-216
    DOI Address: https://doi.org/10.15804/ppk.2021.03.13
    PDF: ppk/61/ppk6113.pdf

    The Right to a Healthy Environment as a Constitutionally Guaranteed Subjective Right

    Environmental protection and the protection of the individual are closely related. This relationship has many aspects, which are subject to more and more analysis in the literature. The author is of the opinion that the right to a healthy environment should be treated as one of the individual human rights. The purpose of this article is to draw attention to the necessity to sanction the right to a healthy environment in the Polish Constitution. For this purpose, the provisions of the constitution were analyzed, and the constitutional practice of european countries and international practice were presented.

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart