Open AccessThe Reflection on the Human Nature and the Power in the Constitution of the Republic of Poland of 1997 from the Legal-Constitutional Research Perspective
Author(s) -
Tomasz Litwin
Publication year - 2020
Publication title -
horyzonty polityki
Language(s) - English
Resource type - Journals
eISSN - 2353-950X
pISSN - 2082-5897
DOI - 10.35765/hp.1841
Subject(s) - constitution , preamble , law , argumentation theory , power (physics) , interpretation (philosophy) , epistemology , constitutional court , the republic , sociology , economic justice , political science , philosophy , computer science , computer network , channel (broadcasting) , physics , linguistics , quantum mechanics
RESEARCH OBJECTIVE: The main research aim of the article is the analysis of the relations between the conception of the human nature and the main purposes of the power in the rules of the Constitution of Poland.
THE RESEARCH PROBLEM AND METHODS: The research problem of the article is how the constitutional conception of the human nature influences the conception of power and its purposes expressed in the Constitution. The article presents the legal-constitutional research perspective and is based on various methods of interpretation of the constitutional rules.
THE PROCESS OF ARGUMENTATION: The article analyses the constitutional conceptions of the human nature, power and its purposes, as well as their mutual relations.
RESEARCH RESULTS: It seems that the constitutional conception of the human nature has only partial influence on the rules of the constitution describing the power and its purposes.
CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: The conception expressed in the preamble of the Constitution describing the Polish citizens as accepting such fundamental and universal values as truth, justice, good and beauty is inadequate. It should be removed and these values could be introduced to art. 8 along with such value as “wisdom”, as the set of fundamental values protected by the Constitution.