The concept of the common good in the jurisprudence of the Constitutional Court Cover Image

Pojęcie dobra wspólnego w orzecznictwie Trybunału Konstytucyjnego
The concept of the common good in the jurisprudence of the Constitutional Court

Author(s): Joanna Jarczak
Subject(s): Constitutional Law, Sociology of Law
Published by: Wyższa Szkoła Ekonomiczno-Humanistyczna
Keywords: the common good; the Constitutional Court; the principle of the common good; the democratic rule of law

Summary/Abstract: The subject of this article is to present the principle of the common good and attempt to define the concept of the common good in the jurisprudence of the Polish Constitutional Court. Although the principle of the common good is the supreme constitutional principle, the Constitutional Tribunal has not worked out one definition of the common good. The Constitutional Tribunal invokes the concept of the common good in particular directly as the right or one of the reasons justifying the restriction of freedom and constitutional rights or as an axiological basis for the reasons for restricting constitutional freedoms and rights. The Constitutional Tribunal for the resolution of individual cases only supports the concept of the common good.

  • Issue Year: 2017
  • Issue No: 5-6
  • Page Range: 131-145
  • Page Count: 15
  • Language: Polish