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Refleksje nad konstytucyjną zasadą dobra wspólnego w kontekście myślenia religijnego i orzecznictwa Trybunału Konstytucyjnego

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Gołębiowska A.
Świat i Słowo
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2015
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vol. Świat i Słowo 2015, nr 1 (24)
187-198
EN
The paper is a response to the question of what, in the light of religious thinking and constitutional law, the common good is. Why the principle of the common good-one of the basic constitutional principles of government-is so rarely invoked in the case law and what exactly is its content. Prevailing case law of the Constitutional Court opposes this value against the individual good, justifying restrictions on the freedom and rights of individuals in comparison with the interest of the state. However, the concept of the common good in the Polish Constitution is much wider, it determines the adoption of a political model based on the menial role of the state towards its citizens. The Republic of Poland is one of the many components of the common good and the State is obliged to its realization in the spirit of the democratic rule of law.
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Pojęcie dobra wspólnego w orzecznictwie Trybunału Konstytucyjnego

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Jarczak J.
Polonia Journal
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2017
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issue 5-6
131-145
EN
The subject of this article is to present the principle of the common good and attempt to define the concept of the common good in the jurisprudence of the Polish Constitutional Court. Although the principle of the common good is the supreme constitutional principle, the Constitutional Tribunal has not worked out one definition of the common good. The Constitutional Tribunal invokes the concept of the common good in particular directly as the right or one of the reasons justifying the restriction of freedom and constitutional rights or as an axiological basis for the reasons for restricting constitutional freedoms and rights. The Constitutional Tribunal for the resolution of individual cases only supports the concept of the common good.
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