Axiology of the Constitution of the Republic of Poland of 2 April 1997

Kostecki, Dawid (2022) Axiology of the Constitution of the Republic of Poland of 2 April 1997. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 3 (1). pp. 119-135. ISSN 2732-0707

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Abstract

The fact that almost a quarter of a century has passed since the adoption of the Polish Constitution contributes to a reflection on its axiology. This article prompts the reinterpretation of the critical value that can be ‘decoded’ from the Basic Law. It seems that authors of the supreme law of the Republic of Poland were initially guided by slightly different ideals; however, broad case law has become a test of the timelessness and timeliness of the Constitution of 2 April 1997. From this perspective, the question of grounds for an amendment of the basic law is highly current and pertinent. However, this question seems secondary to an attempt to decode the constitutional values forming the foundation of the Polish legal system. In light of the above reflections, have the values pursued by authors of the Constitution become real, or have they just become a redundant ornament in the legal erudition devoid of any practical value? The search for answers should be embedded in an appropriate context or the will of the historical legislator. However, the author believes that the interpretation of a legal text should keep pace with the times; this is why a dynamic interpretation is extremely relevant.

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