Dobra wiara w prawie konstytucyjnym – prolegomena
Good Faith in Constitutional Law: Prolegomena

Summary/Abstract: This article discusses the theoretical foundations of the concept of constitutional good faith. Starting from the perspective of the essence of the constitution as the supreme law of the state and its characteristics, what the article proposes is an understanding of constitutional good faith as a legal obligation relating to the way in which constitutional provisions are interpreted and applied. Interpreting the constitution in good faith means decoding constitutional norms so as to establish their objective meaning, regardless of the particular factual context within which the provisions are being interpreted. By contrast, applying the constitution in good faith entails the obligation to act in a way that is oriented towards actualising the aims and assumptions of the constitution, and the inadmissibility of acting against them. The analysis identifies the main characteristics of acting in good faith, presenting it as a universal concept that can be applied to any legal system based on the principle of constitutionalism. Finally, the article also proposes criteria for assessing the actions of state authorities from the perspective of good faith.

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