On the Interpretation and Ideological Content of art. 20 of the Constitution of the Republic of Poland of 1997 Cover Image

W sprawie wykładni i treści ideowych art. 20 Konstytucji RP z 1997 roku
On the Interpretation and Ideological Content of art. 20 of the Constitution of the Republic of Poland of 1997

Author(s): Kamil Zeidler
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego

Summary/Abstract: The dispute referred to as liberalism versus communitarianism is one of the most important contemporary disputes. It has been manifested both in the creation and application of law. In the Constitution of 1997 there are many provisions that express opposing ideas of liberalism and communitarianism. This applies to art. 20 of the Constitution, which states that the social market economy, based on the freedom of economic activity, private ownership and solidarity, dialogue and cooperation between social partners, shall be the basis of the economic system of the Republic of Poland. In its content we can find both liberal (the freedom of economic activity, private ownership) and communitarian (solidarity, dialogue and cooperation of social partners) ideas. Therefore, it is purposeful to consider the ideological content of art. 20 of the Constitutionby providing the interpretation of this provision. The key concept is the meta-principleof the social market economy which is constituted by more specific principles such as: freedom of economic activity, private ownership and solidarity, dialogue and cooperation of social partners. In order to understand the essence of the social market economy, it is necessary to refer to these principles.

  • Issue Year: 2017
  • Issue No: XXXVII
  • Page Range: 75-88
  • Page Count: 14
  • Language: Polish
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