fundamentalna wartość konstytucyjna

  • The Origin and Evolution of the Principle of a Democratic State of Law on the Grounds of the Constitution of the Republic of Poland

    Author: Viktoria Serzhanova
    E-mail: viktoria@ur.edu.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-8824-7192
    Year of publication: 2020
    Source: Show
    Pages: 113-126
    DOI Address: https://doi.org/10.15804/ppk.2020.05.08
    PDF: ppk/57/ppk5708.pdf

    The principle of a state of law belongs to the basic canons of contemporary democracy and remains the fundamental constitutional value and principle of all the democratic states. Its scope and interpretation usually are derived from the national constitutional order and results primarily from the basic law. In the Constitution of the Republic of Poland of 1997, being currently in force, it adopted the formula of the principle of a democratic legal state, combining the elements of a state of law, the rule of law and the democratic method of exercising power. Its contemporary understanding is derived from the output of the European constitutional law doctrine, the systemic experience of states with mature, established and solidified traditions of democracy, as well as from the judicature of the Constitutional Tribunal. This paper aims at conducting analysis of the content and scope of the principle of a democratic legal state provided by the Polish basic law.

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