- Author:
Anna Rytel-Warzocha
- E-mail:
ania-rytel@wp.pl
- Institution:
Uniwersytet Gdański
- Year of publication:
2016
- Source:
Show
- Pages:
349-360
- DOI Address:
https://doi.org/10.15804/ppk.2016.06.19
- PDF:
ppk/34/ppk3419.pdf
Ensuring the security of the state is one of the primary responsibilities of its authorities, which can take a number of legal measures for that purpose. In this context, however,a question can be asked whether the protection of a value such as the security of the state can justify the limitation of human rights and freedoms and, if so, how deep such state’s interference in constitutionally protected rights and freedoms can be. In particular, can the basic human right – the right to life be scarified for the protection of the state security? The conflict between these values has been illustrated by the amendment of the Polish Aviation law adopted in 2004. It allowed under certain conditions to shoot down a civil aircraft with passengers on board. The regulation was subject to the constitutional review conducted by the Polish Constitutional Tribunal and was declared unconstitutional. However, the emergence of new forms of terrorism and the escalation of this phenomenon in Europe, which characterizes the beginning of the twenty-first century, cause that the problem still remains valid.
- Author:
Krzysztof Eckhardt
- Institution:
WSPiA Rzeszowska Szkoła Wyższa
- Year of publication:
2014
- Source:
Show
- Pages:
87-100
- DOI Address:
https://doi.org/10.15804/ppk.2014.02.06
- PDF:
ppk/18/ppk1806.pdf
Hierarchization of the rights and freedoms of a person in light of the constitutional regulation of the extraordinary measures
Analysis of the regulation of the Constitution of the Republic of Poland of April 2nd, 1997 leads to the conclusion that the provisions of its XIth chapter provide for a hierarchy of the rights and freedoms of a person during a period of introduction of the extraordinary measures. The Polish legislator linked the type of the applied extraordinary measure with the possibility of limitation of certain human rights – a solution not known in international documents. Hence, it established a hierarchy of the human rights during the period of introduction of the extraordinary measures with three levels of protection. The hierarchization of the rights and freedoms of a person in the constitutional provisions regarding the extraordinary measures is not crafted to determine the hierarchic supremacy of some rights above the others, but just a particular level of protection of some of them from the intervention of the state.
- Author:
Martyna Kaczmarczyk
- E-mail:
martyna_lawrynowicz@wp.pl
- Institution:
Uniwersytet Humanistycznospoełczny Szkoła Wyższa Psychologii Społecznej w Warszawie
- ORCID:
https://orcid.org/0000-0001-6169-9466
- Year of publication:
2019
- Source:
Show
- Pages:
189-206
- DOI Address:
https://doi.org/10.15804/ppk.2019.01.10
- PDF:
ppk/47/ppk4710.pdf
Safety as a human right – collective aspect in statement with individual aspect
Safety is widely understood as a natural human right and has numerous guarantees in international legal acts and in the Constitution of the Republic of Poland. As a concept, it has a wide range and many aspects, which makes it difficult to clearly define. Its range includes diverse spheres of individual and social life. In the era of intense interpenetration of private and public life, safety in the individual dimension clashes with its collective aspect. Both public safety and private security are not absolute goods, and the Constitution provides possibility of limiting them. The purpose of the article is whether and to what extent the entity’s ability to use the right to security is affected by restrictions on the use of freedom and constitutional rights, including private security, as provided in art. 31 para. 3 of the Constitution of the Republic of Poland for protection, among others public safety and public order.
- Author:
Paweł Sadowski
- E-mail:
pawel.sadowski@umcs.lublin.pl
- Institution:
Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0002-9480-643X
- Year of publication:
2019
- Source:
Show
- Pages:
113-142
- DOI Address:
https://doi.org/10.15804/ppk.2019.03.06
- PDF:
ppk/49/ppk4906.pdf
Human dignity in the Israel’s legal order – an outline of the problem
The traumatic experiences of World War II have highlighted the serious deficit of national and international measures to protect human rights and their ideological support to place human dignity as the main and indisputable pillar of a democratic state and supranational communities. Human dignity is nowadays one of the factors determining the court’s jurisdictional proceedings. This also applies to states that formally did not include it in the catalog of constitutionally guaranteed rights and freedoms. Qualitative, quantitative and comparative analysis of the functioning of the concept of human dignity reveals its various meanings and functions. They are determinants in assessing the activities of state authorities from the point of view of implementing the principles of a democratic state of law and the need to respect the rights of individuals. In connection with the richness of interpreting the concept of human dignity within the framework of constitutional values, one can not ignore the rich history of the doctrine of human dignity. It allows us to understand and define the nature of general concepts and give different meanings. Human dignity in many legal systems, including Israel, is a constitutional value, as well as the law that the constitutional norms guarantee. The issue of its regulation and definition in the Israeli legal order due to the specificity of the problem is an interesting issue, both theoretical and legal as well as practical.
- Author:
Aldona Domańska
- E-mail:
adomanska@wpia.uni.lodz.pl
- Institution:
University of Łódź
- ORCID:
https://orcid.org/0000-0002-9343-6932
- Year of publication:
2020
- Source:
Show
- Pages:
275-284
- DOI Address:
https://doi.org/10.15804/ppk.2020.06.22
- PDF:
ppk/58/ppk5822.pdf
Freedom of conscience is the basis of a democratic state and a pluralistic society. It has been formed slowly in the course of long-lasting historical processes and philosophical discourse. Although intuitively understood, this concept is still not clearly defined. This freedom is guaranteed by the normative acts in force in the UN system, as well as in the Council of Europe and the European Union and in the basic laws of individual states. Its protection is the conscience clause, which is not regulated by the basic law. The aim of this research is to answer a question whether the conscience clause is a legal or purely ethical category. In view of the broad scope with regard to this issue, the paper is devoted to the question of determining the legal nature of the physician’s conscience clause.
- Author:
Paweł Sadowski
- E-mail:
pawel.sadowski@mail.umcs.pl
- Institution:
Uniwersytet Marii Curie-Skłodowskiej w Lublinie
- ORCID:
https://orcid.org/0000-0002-9480-643X
- Year of publication:
2021
- Source:
Show
- Pages:
415-426
- DOI Address:
https://doi.org/10.15804/ppk.2021.04.27
- PDF:
ppk/62/ppk6227.pdf
Freedom of assembly in times of a pandemic. Israeli experiences
Freedom of assembly is an essential element in modern democracies, also during emergency situations. The time of the pandemic is an example of the use of various restriction mechanisms of human rights. The Israeli case is worth discussing because as in other democratic states the political internal crises overlap with the pandemic emergency regulations and tensions between parliament and executive branch in law-making.
- Author:
Kamil Strzępek
- E-mail:
k.strzepek@uksw.edu.pl
- Institution:
Uniwersytet Kardynała Stefana Wyszyńskiego
- ORCID:
https://orcid.org/0000-0001-9277-6057
- Year of publication:
2022
- Source:
Show
- Pages:
161-171
- DOI Address:
https://doi.org/10.15804/ppk.2022.01.12
- PDF:
ppk/65/ppk6512.pdf
Importance of the Case-Law of the German Federal Constitutional Court for the Case-Law of the Polish Constitutional Tribunal
The aim of this article was to find an answer to the question about the role played by the case-law of the Federal Constitutional Court of Germany in the case-law of the Constitutional Tribunal of Poland, and to the question about the sort of cases heard by the CT, in which references to the FCC case-law occurred most often. An attempt to answer the above-mentioned questions were asked after empirical research. The judgments of the CT, publicly available on the Online Judgment Portal on the website of the CT, served as empirical material. In the case-law of the CT, it was not clearly indicated whether, in the case of referring by the CT to the case-law of the FCC, the Tribunal did it for comparative purposes, whether it was related to the interpretation of legal norms by the CT or for another purpose.
- Author:
Jarosław Piątek
- E-mail:
jaroslaw.piatek@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0003-4754-3371
- Year of publication:
2022
- Source:
Show
- Pages:
289-301
- DOI Address:
https://doi.org/10.15804/ppk.2022.05.23
- PDF:
ppk/69/ppk6923.pdf
Selected Dimensions of Human Freedom in the Armed Forces of a Democratic State
The article reviews the scientific literature on selected dimensions of human freedom, being the subject of influence of the Polish Armed Forces. The aim of the article is to examine their nature and the manner of their interconnection through institutional and legal mechanisms. The conceptual framework of the article is determined by the use of the concept of consilience, useful in the analysis of the operation of public institutions, using approaches in the field of: politics, security, law, public management, praxeology, human resource management and the functional-interpretative paradigm and moderate constructivism. This article shows the understanding of individual security from the perspective of legal respect for selected dimensions of freedom of a member of the armed forces.
- Author:
Klaudia Kijańska
- E-mail:
klaudia.kijanska@gmail.com
- Institution:
Uniwersytet Humanistyczno-Przyrodniczy im. Jana Długosza w Częstochowie
- ORCID:
https://orcid.org/0000-0002-4478-2978
- Year of publication:
2023
- Source:
Show
- Pages:
163-172
- DOI Address:
https://doi.org/10.15804/ppk.2023.04.12
- PDF:
ppk/74/ppk7412.pdf
The Freedom of Association as a Form of Meeting Human Social Needs
The individual’s use of freedom of association has a significant impact on various aspects of human existence. Its existence determines the opportunity to meet needs and makes it possible to strive to achieve assumed goals together with other people. The interpersonal nature of this type of interaction has consequences. The article aims to demonstrate that the freedom of association affects not only the way in which an individual’s political needs are met, but also the satisfaction of social values and human development. The opportunities that the right to freedom of association brings are derived not only from the organizational forms that individuals can use but also from their individual needs, which this value aims to fulfill.