Human Freedom in the Constitution of the Republic of Poland
- Institution: Uniwersytet Humanistycznospołeczny
- ORCID: https://orcid.org/0000-0001-5779-1016
- Year of publication: 2019
- Source: Show
- Pages: 187-199
- DOI Address: https://doi.org/10.15804/ppk.2019.05.13
- PDF: ppk/51/ppk5113.pdf
The term “freedom” comes from the Latin language and is derived from the words liber – free, independent and libertas – freedom. In general, freedom means no coercion and the ability to act according to your own will, which also means making choices under all available options. Freedom appears both in the preamble and in many pro- visions of the Polish Constitution. Of the greatest significance is Article 31, which indicates that “Human freedom is subject to legal protection” (paragraph 1) and that “Everyone is obliged to respect the freedoms and rights of others. No one shall be compelled to do what he is not required by law” (paragraph 2). After these guarantees, the principle of proportionality – is included in paragraph 3 – indicating on the basis of which premises and criteria restrictions of freedoms and rights may be introduced. This provision implies three specific, detailed rules regarding the restriction of liberty: a) the principle of the exclusivity of the law; b) the principle of proportionality and c) the principle of preserving the essence of freedom and rights. The constitutional legislator has formulated in Art. 31 par. 3 also a closed catalog of limitation clauses that allow the restriction of freedom and human rights. These are the following premises: a) the premise regarding state security and public order; b) the premise regarding environmental protection; c) the premise regarding the protection of public health and morals and d) the premise regarding the freedoms and rights of others. The scope of freedom regulated by Art. 31 is universal because it applies to all freedoms and rights that are guaranteed in the Constitution.