Przesłanki dopuszczalności wprowadzania ograniczeń w zakresie korzystania z konstytucyjnych wolności i praw na podstawie art. 31 ust. 3 Konstytucji RP z dnia 2 kwietnia 1997 r.
Conditions of Admissibility of Imposing Limitations Upon the Exercise of Constitutional Freedoms and Rights Based on Art. 31 Para. 3 of the Constitution of the Republic of Poland of 2nd April 1997

Summary/Abstract: The freedoms and rights of persons and citizens described in Chapter II of the Constitution of the Republic of Poland are not absolute in their character, therefore, they can be subject to certain limitations under circumstances stipulated by the law. From Art. 31para. 3 of the Constitution, the principles may be inferred, in accordance with which the state authority must proceed while imposing limitations upon the exercise of constitutional freedoms and rights. The principles in question are: the principle of statute exclusivity, proportionality, democratic state, and the concept of the essence of rights and freedoms. Also the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the limitations of the freedoms and rights included there in. The present article attempts to answer the question whether the conditions of admissibility of imposing limitation supon the exercise of constitutional freedoms and rights provided for by the Constitution of the Republic of Poland are justified and whether they guarantee the protection of the above-mentioned values against their annihilation.

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