interes publiczny

  • Interes publiczny i dobro publiczne w prawie administracyjnym na tle konstytucyjnej zasady dobra wspólnego

    Author: Marta Woźniak
    E-mail: martawozniak1@o2.pl
    Institution: Uniwersytet Opolski
    Year of publication: 2017
    Source: Show
    Pages: 151-173
    DOI Address: https://doi.org/10.15804/ppk.2017.04.08
    PDF: ppk/38/ppk3808.pdf

    The subject matter of this article is the construction of the public interest and the public good in the administrative law presented against the background of the constitutional principle of the common good. The article puts forward a research thesis: the constitutional principle of the common good is the axiological basis for shaping by the administration of the public interest and the granting of certain public goods to the public. Concepts included in the title of the study are semantically close, but it is not reasonable to put an equality sign between them. Common good is an ideological superstructure in the public interest, as evidenced by the presence of a constitutional principle of common good in the definitions of public administration. As a consequence, the common good must be assumed to be a general clause defining a correct understanding of the public interest as well as the scope of public goods in administrative law.

  • Significance of the Constitutional Public Interest Clause for the Process of Amending the Constitution of Republic of Poland

    Author: Andrzej Bisztyga
    E-mail: a.bisztyga@wpa.uz.zgora.pl
    Institution: University of Zielona Góra
    ORCID: https://orcid.org/0000-0002-6579-9656
    Year of publication: 2020
    Source: Show
    Pages: 49-60
    DOI Address: https://doi.org/10.15804/ppk.2020.05.03
    PDF: ppk/57/ppk5703.pdf

    The purpose of the article is to conduct an axiological reflection using the notion of public interest, on preparation and the procedure for amending the constitution. The article provides a theoretical attempt to capture and place public interest in the broadly socially and publicly understood process of constitutional change. This attempt is not dictated solely by the desire to conduct theoretical – legal and intellectual speculation. This is supported by the increasing voices of the need to amend the existing constitution, which are often superficial, populist and de facto formulated from the position of the supremacy of the state over the individual. The time-varying connotations of the general public interest clause are related to the axiology of selected constitutional principles. The public interest, understood at a given moment in the development of social life, should be a determinant of the process broadly, i.e. both the social and the legislative sense of the constitutional amendment. Similarly, the very direction of constitutional changes should be an expression of social interest.

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