- Author:
Klaudia Jastrzębska-Wójcicka
- E-mail:
klaudia.jastrzebska@gmail.com
- Institution:
Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0001-5203-872X
- Year of publication:
2021
- Source:
Show
- Pages:
335-345
- DOI Address:
https://doi.org/10.15804/ppk.2021.05.26
- PDF:
ppk/63/ppk6326.pdf
Human dignity as a constitutionally protected value
The Article discusses the issue of granting human dignity the status of the highest value in the Polish Constitution. What is more, it explains the grounds of the regulation of art. 30 of the Constitution of the Republic of Poland. Additionally, it presents dignity as a foundation of the legal order. Therefore, de facto, every legal norm that functions in our legal system should comply with this regulation. The article calls attention to a danger of potential abuses pointing out some of the practices that can violate the human dignity in the future.
- Author:
Dariusz Jagiełło
- E-mail:
djagiello@swps.edu.pl
- Institution:
Uniwersytet SWPS w Warszawie
- ORCID:
https://orcid.org/0000-0002-9609-5635
- Author:
Teresa Gardocka
- E-mail:
tgardocka@swps.edu.pl
- Institution:
Uniwersytet SWPS w Warszawie
- ORCID:
https://orcid.org/0000-0002-2923-9379
- Year of publication:
2022
- Source:
Show
- Pages:
187-197
- DOI Address:
https://doi.org/10.15804/ppk.2022.06.13
- PDF:
ppk/70/ppk7013.pdf
Stabilising Provisions in the Constitution of the Republic of Poland on the Example of the Concordat Between the Republic of Poland and the Apostolic Capital
The Constitution, in Chapter I of the Republic, contains norms of a stabilising legal status. We address those that raise questions of interpretation, sometimes raised by the doctrine and resolved in different ways. Some are formulated in general terms, which makes it difficult to determine the scope of the protection (stabilisation) provided. We will concentrate on the norms of stabilisation that perpetuate the regulations or even do not allow changes without amending the Constitution of the Republic of Poland – Article 25 Paragraph 4, treating of the agreement concluded with the Holy See, but also those that mention, in various contexts, the constitutional ministers that may not be absent from the government, although the law allows its composition to be shaped freely. It seems that among the norms of a stabilising legal state, the issue of the Concordat is the most emotive. The authors wonder: is it legitimate for the church party to have more rights than the state? A historical-legal method (analysis of the Concordats and the historical-political background) and a dogmatic analysis of the provisions have been used.
- Author:
Krzysztof Eckhardt
- E-mail:
krzysztofeckhardt@gmail.com
- Institution:
Wyższa Szkoła Prawa i Administracji Rzeszowska Szkoła Wyższa
- ORCID:
https://orcid.org/0000-0003-3338-9836
- Year of publication:
2024
- Source:
Show
- Pages:
97-108
- DOI Address:
https://doi.org/10.15804/ppk.2024.05.07
- PDF:
ppk/81/ppk8107.pdf
Possible Amendment of the Constitutional Regulations of the National Broadcasting Council – Necessary, Advisable or Unnecessary?
The author answers the question posed in the title of the paper on the basis of the analysis of doctrinal views and constitutional practice. He strongly advocates maintaining the constitutionalisation of the National Broadcasting Council, although he claims that the constitutional regulations shall be amended. He indicates which changes are necessary and which are advisable. The conclusion is that the two issues require necessary changes: first, the Council’s competencies related to the personal composition of the managing bodies of the public media and second, the appointment, dismissal and term of office of the members of the Council. The indicated changes include: the place of the Council in the structure of the Constitution; introduction of the duty to control abuses of freedom of speech, clarification that both obtaining and dissemination of information are under supervision, and control of broadcasting activity not only of public media but of all authorised entities.