Konstytucyjna regulacja materii społecznych i gospodarczych (aspekty teoretyczne)
Constitutional regulation of social and economic matters (theoretical aspects)
Author(s): Mariusz JagielskiSubject(s): Constitutional Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: constitutional regulation of social and economc matters; constitutionalization;
Summary/Abstract: The article is devoted to reflections on the constitutional regulation of social and economic matters. In the introduction the Author presents the origins of such regulations and analyzes the reasons of the asymmetric process of regulating the social and living issues in the constitutions. He also outlines the relationship between constitutional regulation and the actual social and economic policy of the state.The main part of the article is devoted to the analysis of the concept of the constitutionalization of socio-economic issues and the presentation of the methods of such regulation (its nature). As to the first issue, the Author discusses the concept of unconstitutional matters, the constitution as a guarantor of a particular socio-economic concept, the concept of the socio-economic neutrality (openness) of the constitution and the concept of the economic interpretation of the constitution. Regarding the second issue, the following methods of constitutionalization are presented: constitutional principles, subjective rights, social rights and program provision.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2014
- Issue No: XXXI
- Page Range: 589-602
- Page Count: 14
- Language: Polish