On the Importance of the Constitutional Principle of Legal Protection of Family Life in the Process of Applying the Law

The purpose of the article is to show the importance of the constitutional rule of legal protection of family life in the process of application of the law, during which the determination of the correct meaning of the norm of the law by means of a constitutional norm, is primarily important for a proper, pro-constitutional interpretation and ensures that the decision to apply the law, will be correct. The starting point for the research assumption will be an attempt to determine what designations constitute the concept of legal protection of the family, what provisions of the Polish Constitution implement this principle, and what is the function and subjective scope of this guarantee. The analysis will focus on selected provisions of the Polish Constitution and rulings of common courts, administrative courts, the Supreme Administrative Court and the Supreme Court, in which the discussed principle influenced the decision to apply the law.

The aim of the article is to present selected issues related to the implementation of women’s right to special state assistance in a period as important as the period of maternity, as well as the scope and limits of this protection. The protection of mothers provided for in Art. 71 sec. 2 of the Constitution requires an increase in the standard of protection and assistance. According to the author, the Constitution creates sufficient grounds for public authorities to provide assistance to mothers in such an important period as motherhood. The Constitution left the scope of this assistance to the statutes.