Limitations of the Property Right in Polish Constitutional Law

The right to property as an implicit subjective right is not an absolute and unlimited. The constitutionally guaranteed right to property may, in certain cases and under appropriate conditions, be restricted. According to the Article 31(3) of the Constitution of the Republic of Poland, the necessity to introduce limitations in the exercise of constitutional freedoms and rights, including the right to property, is only possible if the criterion of a democratic state is taken into account. The possibility of statutory and non-violent interference in the right to property was also expressed in Article 64 of the Constitution, according to which everyone is entitled to the right to property. The assessment of the admissibility of interference in the right to property takes place in the light of undefined in a complete manner the principle of proportionality and the principle of the essence of the property right, which affects the manner of resolving the issue of the constitutionality of a given limitation of this right.

Neuralink - Coercion or Possibility? State’s Attitude to “Improvements” on the Example of Neural Implants

The development of technology such as neural chips prompts reflection on the state’s attitude to such and similar improvements, taking into account the legal possibilities of influencing citizens. The basis for considerations is the taxonomy of G.Cohen’s improvements and the standards of limiting rights and freedoms expressed in the ECtHR and the Polish Constitution. The aim of the article is to answer the following research question: do constitutional norms allow for the obligatory use of neural chips by citizens? The analysis was carried out both for the general public and selected social groups.The effect of the analysis has an impact on the future perception of the relationship between the state and the individual in connection with social changes resulting from the development of technology. The key to the presented and future considerations related to the place of improvement in the legal system is its impact on positional or absolute goods.