Publiczne prawa podmiotowe a obowiązki i uprawnienia
Public legal rights and duties and powers
Author(s): Aleksandra Monarcha-MatlakSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: rights; duties; individual rights
Summary/Abstract: The concept of individual rights as one of fundamental concepts of jurisprudence has been developed from various points of view including different research platforms and contents. Even a casual contact with the concept of legal rights makes one certain that, in fact, there are different roles this fully conceptual category functions in jurisprudence, civil and administrative law. Because of this assumption it is necessary to focus attention on the issue of individual legal rights in the above mentioned divisions of law. Individual legal rights evolved under the doctrine of civil law and are now their fundamental assumption. They are currently the legal structure of both administrative and constitutional law what justifies using the term ‘public’. The rights and freedoms as set out in the Constitution of the Republic of Poland are the fundamental public legal rights due to both their structure and content. One should not identify public individual rights with legal norms because public individual law results from the interpretation of legal norm as far as the individual is concerned. After establishing of such a law it is necessary to cover the area of social life with administrative law regulation. Public individual law involves a certain conduct by the entity administered. The manifestation of this law are not duties but rights of the entity administered.
Journal: Acta Iuris Stetinensis
- Issue Year: 2014
- Issue No: 07 (3)
- Page Range: 69-82
- Page Count: 14
- Language: Polish