Poziome działanie praw jednostki jako rozwiązanie ustrojowe
- Institution: Uniwersytet Mikołaja Kopernika
- Year of publication: 2014
- Source: Show
- Pages: 55-72
- DOI Address: https://doi.org/10.15804/ppk.2014.01.03
- PDF: ppk/17/ppk1703.pdf
Third-party effect of fundamental rights in constitutional regulations
The acceptance of the general formula of the horizontal effect of constitutional rights and freedoms in the form of appropriate regulation at the constitutional level is original solution present in few countries, for example in Republic of South Africa and Greece. The article shows the background and the consequences of the introduction of these regulations in the light of statements of legal doctrine and judicature. It is also noticed on an example of Federal Republic of Germany, that the lack of distinct regulation is not a hindrance to practical recognition of the horizontality of particular rights and freedoms in jurisprudence. In the article are presented crucial arguments of followers and oponents of horizontal effect of constitutional rights and freedoms. Research done for the article lead to the general conclusion that the legal doctrine in the world is ready to accept in principle only indirect third party effect of constitutional rigts via the general provisions of private law.