preamble of the constitution

  • The normative value of the reference to God and Christianity in the preamble to the Constitution of the Republic of Poland of 2nd April, 1997

    Author: Piotr Polak
    Institution: Institute of Law Studies of the Polish Academy of Sciences
    ORCID: https://orcid.org/0000-0001-7900-524X
    Year of publication: 2018
    Source: Show
    Pages: 425-439
    DOI Address: https://doi.org/10.15804/ppk.2018.06.32
    PDF: ppk/46/ppk4632.pdf

    In the preamble of the Constitution of the Republic of Poland (of 2nd April, 1997) legislator refers to God and culture rooted in the Christian heritage of the Nation. The question arises whether the reference to religious elements in the legal text in some way affects the process of applying the law? The answer should be yes. It is not about favoring Christian denominations, or discrimination against people who do not believe in God. The crux is to create law and decode legal principle contained therein, taking into account the Christian moral values. This is due to the centuries-long contribution that Christianity has brought to the cultural and historical heritage of Europe, creating its unique identity. The reference to God highlights the human autonomy towards state and means prohibition of state totalitarianism.

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart