Wolności i prawa jednostki w stuletniej perspektywie polskiego konstytucjonalizmu

Bisztyga, Andrzej; Zielonogórski, Uniwersytet

doi:10.15804/ppk.2021.04.07

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“…The influence of international human rights law on Chapter II of the 1997 Constitution can also be seen today 87 . However, it is not possible to point to a continuity of solutions in the tradition of the constitutionalization of the protection of life due to the history of Poland 88 . Nevertheless, it is worth extracting lessons from the period of Article 95 of the March Constitution in the context of seeking answers to current questions about the meaning of ordinary legislation and constitutional judiciary.…”

Section: Discussionmentioning

confidence: 99%

Legal Protection of Life in the Constitutions of the Republic of Poland of March 17, 1921 and April 2, 1997

Ożóg¹

2022

Misc. Hist. - Iurid.

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The issue of legal protection of life from Article 38 of the 1997 Constitution is one of the most important dilemmas of modern Polish law. This issue was already regulated in the March Constitution. The purpose of the article is to present the normative content of the legal protection of life on the basis of both constitutions. The research objective is to determine the importance of the two constitutions in providing legal protection of life in the context of the tasks of the ordinary legislature and the importance of judicial decisions. The text confronts the assumptions of the system legislator with lower–level regulations. Particular attention has been paid to the issue of assessing the compatibility of these solutions with the constitution’s design. Consideration was given to the influence of international organizations on the content and implementation of the protection of life in the Polish legal order. The study includes an analysis of the literature on the subject. The dogmatic and historical-legal method was used. The deliberations take into account the weaknesses and strengths of entrusting the judiciary with the constitutional task of defining the normative content of the protection of life. Contemporary public disputes in this matter should prompt greater efforts in clarifying constitutional solutions. It is worth bearing in mind the experience of the 1921 Constitution.

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Section: Discussionmentioning

confidence: 99%

Legal Protection of Life in the Constitutions of the Republic of Poland of March 17, 1921 and April 2, 1997

Ożóg¹

2022

Misc. Hist. - Iurid.

View full text Add to dashboard Cite

show abstract

Wolności i prawa jednostki w stuletniej perspektywie polskiego konstytucjonalizmu

Cited by 1 publication

References 0 publications

Legal Protection of Life in the Constitutions of the Republic of Poland of March 17, 1921 and April 2, 1997

Legal Protection of Life in the Constitutions of the Republic of Poland of March 17, 1921 and April 2, 1997

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