Freedom of press and other media as a system founding rule of the Republic of Poland Cover Image

Wolność prasy i innych środków społecznego przekazu jako zasada ustrojowa Rzeczypospolitej Polskiej
Freedom of press and other media as a system founding rule of the Republic of Poland

Author(s): Lech Jaworski
Subject(s): Economy
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: freedom; press; rule; principle; constitution; media; pluralism; rights; Broadcasting Act citizen

Summary/Abstract: The catalogue of Poland’s most important system founding rules have been included in Chapter 1 of the Polish Constitution. However, the location of a given law does not determine its power. Yet it can lead to certain conclusions about its legal meaning. These norms are usually defined succinctly; therefore, it may be necessary to refer to other articles of the Constitution, especially to Article 14, which conveys the rule of the freedom of media. The role of this freedom is influenced mainly by its connection with the freedom of speech rule. It is usually emphasized in connection with realizing the principle of civil society and the rule of political pluralism on which it is based. Article 14 of the Constitution formulates a general guarantee, while further rules can be found in the chapters about the rights and freedoms of an individual (Art. 54), their extension in the press law, while the status of the radio and television is subject to special regulations (mainly the Broadcasting Act). Article 14 also involves the rights and freedoms of a human and a citizen. The basis is Article 5, while Article 14 is one of the co-defining norms. Expressing certain common values, the mentioned rule forms constitutional boundaries, within which the process of constituting the law takes place, as well as being the source of the obligation on the part of the whole state apparatus to implement the constitutional norms.

  • Issue Year: 2/2014
  • Issue No: 1
  • Page Range: 1-16
  • Page Count: 16
  • Language: Polish