Constitutional Grounds for Public Order in Administration in the Light of the Constitution and Case-Law. Selected Issues Cover Image

Konstytucyjne podstawy ładu publicznego w administracji w świetle Konstytucji oraz orzecznictwa. Zagadnienia wybrane
Constitutional Grounds for Public Order in Administration in the Light of the Constitution and Case-Law. Selected Issues

Author(s): Marian Zdyb
Subject(s): Constitutional Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: public administration; Polish Constitution; principle of separation of powers; rule of law; right to a fair trial; legislation; legal certainty; human dignity; common good

Summary/Abstract: The building of the new system of the Republic of Poland requires relevant configuration of public order in administration. Crucial to this are currently: the Constitution of the Republic of Poland of 2 April 1997, the verdicts of the Polish Constitutional Tribunal and administrative courts as well as established doctrine. In this regard, what is required is the precise identification of key standards, principles and values. The letter undoubtedly necessitates the analysis of the principle of separation of powers, the rule of law, the right to a fair trial, the principle of respect for human dignity and drawing attention to the dysfunctionality of the public order. Substantial problems in this domain may be related to law's creation and application, and a clear definition of axiological grounds of the existing legal order. By necessity, in this article only some of them are presented, e.g. concerning indefinite terms, legitimization of law, justice in law, legal security, legal certainty, protection of acquired rights and legitimate expectations, and the principle of appropriate legislation. The aim of the author of this article is to provoke an in-depth debate over the issue connected with search for optimal model of the order in the sphere of public administration in the perspective of new challenges.

  • Issue Year: 64/2017
  • Issue No: 1
  • Page Range: 41-61
  • Page Count: 21
  • Language: Polish