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NATURAL-LAW ELEMENTS IN APLICATION OF THE CONSTITUTION OF THE REPUBLIC OF POLAND (Elementy prawnonaturalne w stosowaniu Konstytucji RP)

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Piechowiak M.

Przegląd Sejmowy

2009

issue 5(94)

71-89

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral assessments may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered.

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1 Przegląd Sejmowy

1 2009

1 Piechowiak M.

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NATURAL-LAW ELEMENTS IN APLICATION OF THE CONSTITUTION OF THE REPUBLIC OF POLAND (Elementy prawnonaturalne w stosowaniu Konstytucji RP)