Konstytucja gwarancją ochrony praw i interesów państwa
The Constitution guarantees the protection of the rights and interests of the state

Summary/Abstract: The subject of the study is the analysis of the constitutional protection of the rights and interests of the state. The very phrase “rights and interests of the state” is imprecise. Hence, the aim of the study was to try to define both elements of this phrase. It should be noted that this phrase does not appear even once in the Polish Constitution. The interest of the state is mentioned once in the Constitution. On the other hand, the entire phrase appears in the Act on the General Counsel to the Republic of Poland. Particular analytical attention was focused on discovering the meaning of the second part of this phrase, which is “the interest of the state”. It is defined in each case according to the legal regulation and its accompanying circumstances. The analysis of the meaning and context of the use of the phrase “the rights and interests of the state” made it possible to define the constitutional guarantee of the protection of the rights and interests of the state, especially in the context of the article 2 of the Polish Constitution and the basic constitutional meta-principle of a democratic state of law. The method of exegesis of legal texts of the Constitution of the Republic of Poland and selected ordinary acts was used in the work. Moreover, an analysis of the jurisprudence of the Supreme Court and the views of the doctrine was conducted. In the final conclusions it was indicated that the protection of the state’s subjective rights is relatively easy to define. It is much more difficult to protect the changing interests of the state. The guarantee for their effective protection is provided by the article 2 of the Constitution of the Republic of Poland, which is the basis for the operation of state organs within the framework and on the basis of the law.

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