Konstytucyjna regulacja instytucji wywłaszczenia w Polsce – geneza, konstytucyjne przesłanki wywłaszczenia na tle porównawczym
Constitutional regulation of the institution of expropriation in Poland – the constitutional concept of expropriation
Author(s): Grzegorz KościelniakSubject(s): History of Law, Constitutional Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: expropriation; constitutional concept of expropriation; restriction of property rights for public purposes; constitutive elements of expropriation institution;
Summary/Abstract: The aim of the present study is to present the issues of regulation of the institution of expropriation in the Constitution of the Republic of Poland of 2 April 1997. This institution has long been known for both administrative and civil law. However, it has been the subject of interest of the constitutionalists since its introduction to the provisions of the Basic Law. Due to the complexity of the work, it will be divided into three parts. In the first part, the author conducted an analysis of the process of constitutionalization of this institution in the Polish legal system and made a selective analysis of constitutional regulations of expropriation institutions in some modern countries, mainly European ones and in the USA. The second part of the work will attempt to define the constitutional concept of expropriation. At the same time, the assumption that the definition of a given legal concept should describe the constitutive elements of the institution defined by the concept will make it possible to characterize the expropriation itself. The last third part of the work will focus on the constitutional conditions for the admissibility of expropriation. It will also include conclusions and the coping of conducted research.
Journal: Studia Prawnicze: rozprawy i materiały
- Issue Year: 26/2020
- Issue No: 1
- Page Range: 149-165
- Page Count: 17
- Language: Polish