Implementation of the equality principle with regard to access to goods of national culture

The purpose of this text is to prove that Art. 6 sec. 1 is a provision indicating a specific area in which the principle of equality expressed in art. 32 and 33 of the Polish Constitution. To prove this, it is explained how equality relates to the range of entities entitled to disseminate and make available to them national cultural goods. It has also been proved that the reference of equality to the dissemination and sharing of national cultural goods requires the application of a compensatory privilege resulting from factual, not only legal, premises. On the occasion of such extensive research, it was also shown that Art. 6 sec. 1 is also a concretization of Art. 5 in fine and that it contains a subjective right.

Public manifestation of disregard for the Polish nation, the Republic of Poland and its constitutional authorities is a misdemeanor. Such disregard is not within the scope of the freedom of public debate. Such disregard is not within the concept of insult.

The Syntactic and Chronological Structure of the Article 4 Section 2 of the Constitution of the Republic of Poland and the Direct Power of the Nation

The aim of the article is to logically analyze the normative structure establishing the method of exercising power by the Polish Nation. The provision of Art. 4, sec. 2 of the Constitution of the Republic of Poland was interpreted, and then the obtained results were compared with the case law of the Constitutional Tribunal (CT), the views of the doctrine of legal science and political science. One of the goals is to examine whether there are discrepancies between the theories resulting from the logical analysis and the current scientific and institutional practice. The political science and legal approach to this issue will include, among others, the logical structure of the analyzed provision and its possible supplementation – in the chronological aspect – by the case law of the Constitutional Tribunal. The method of analysis of sentences of formal logic, formal-dogmatic, systemic and institutional-legal was used. The analysis shows that from a logical point of view, the structure of the provision – taking into account the assumptions of, among others, the doctrine of law and the Constitutional Tribunal – tends to a situation in which, according to the assumption, it is always the Nation that will exercise power directly or indirectly.