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Konstytucja i zaufanie

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Dudek D.

Przegląd Sejmowy

2020

issue 1(156)

9-44

Trust is a basic element of human existence, of a person’s relations with other people as well as social relations. It is a normed and protected value, among others in civil, criminal and administrative law, and particularly in the Constitution of the Republic of Poland. The described legal regulations are based on an empirical assumption that moral sensitivity, honesty and human conscience do not sufficiently guarantee respecting the rights and goods of other legal entities. Detailed legal regulations and jurisdiction of autonomous and independent courts are still needed. The author analyzes the concept of citizen’s trust in the state and the rule of law, formulated in the jurisprudence of the Constitutional Tribunal, and its criticism in the science of law. Confronting the constitutional idea of trust with the Polish political reality shows that even judgments of the constitutional court do not always inspire trust if they are passed by a majority of votes with numerous dissenting opinions attached. According to the author, respecting the natural human right to legal security by the state is a more solid basis for effective trust in citizen-state relations than the link between trust and the rule of law clause detached from social reality. The rules of decent legislation are a direct consequence of the principle of legalism and a necessary component of the axiology of a republican state as acommon good. With reference to the recent years’ crisis regarding the judiciary (the Constitutional Court, the Supreme Court and the National Council of the Judiciary), which is the most important guarantor of the human right to legal security, the author proposes some positive solutions in the form of constitutional changes. Real trust in relations between people, and also in their relations with authorities, does not result from provisions of law, the constitution and codes, but from an individual’s freedom, responsibility and pursuit of good, stemming from natural law.

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1 Przegląd Sejmowy

1 Dudek D.

1 2020

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Konstytucja i zaufanie