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