Some Remarks on Polish Constitution (1997) from Perspective of Political Thought Historian Cover Image

Uwag kilka historyka myśli politycznej o istocie Konstytucji RP z 1997 r.
Some Remarks on Polish Constitution (1997) from Perspective of Political Thought Historian

Author(s): Bogdan Szlachta
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Political history, Transformation Period (1990 - 2010)
Published by: Uniwersytet Ignatianum w Krakowie
Keywords: the state; human and citizen’s rights;

Summary/Abstract: Presentation and analyse a problem which is connection with considering of citizen’s right in the image of human rights. The research problem and methods: Popular presentation of Polish Constitution (1997) shows human rights as well as citizen’s rights as specific “moral imperatives,” which legislative power should take into consideration and adopt in its legal rules. Linguistic analyse of academic manual and Polish Constitution shows his problem. The process of argumentation: Reading and critical analyzing of academic manual which presents theoretical problem arise from implementation of strictly liberal perspective; this perspective rather establish then solve a problem of interrelations between human/citizen’s rights and law which is establish by legislative power. Research results: Presentation of problem, call for reflection on it and at tempt to obtain – during potential work on new constitution – another position, which differentiate prehensions of the human rights and rights of citizen, first not connected with relations to the state and second arised from it. Conclusions, innovations, and recommendations: Results of analysis have to be use in critical reading of conceptions which are present in Constitution which is binding in Poland since twenty years.

  • Issue Year: 9/2018
  • Issue No: 26
  • Page Range: 33-50
  • Page Count: 18
  • Language: Polish