Journal of Modern Science (Mar 2024)

The concept of justice in the Polish Constitution

  • Bartosz Piotr Stróżewski

DOI
https://doi.org/10.13166/jms/186301
Journal volume & issue
Vol. 55, no. 1
pp. 660 – 673

Abstract

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Objectives This article analyzes the multifaceted concept of justice and its foundational principles while scrutinizing its influence on the formulation and operation of the Constitution of the Republic of Poland. Drawing from philosophical and legal perspectives, it examines the intricate interplay between justice, the common good, and constitutional values, particularly within the dynamic relationship between the individual and the state. Central to this exploration is an inquiry into how Poland's constitutional framework accommodates interpretations of justice and the common good, shaping the dynamics between constitutional values and the rights of citizens. Moreover, it investigates the complexities of judicial execution in Poland, aiming to reconcile procedural justice and legal norms while safeguarding the rights of debtors. Material and methods The article uses an analytical approach to identify and address challenges in judicial enforcement, particularly in achieving a delicate balance between the efficacy of judgment execution and the imperative of justice, all while upholding the rights of debtors and acknowledging the legitimate interests of creditors. Results This study shows that Poland's constitution incorporates a variety of interpretations of justice and the common good, which affects the dynamic between constitutional values and citizens' rights, and that these issues have a significant impact on the balance between the effectiveness of execution and the imperative of justice. Conclusions Through an examination of justice, the common good, and their implications for constitutional governance and judicial enforcement, this article contributes to a deeper understanding of the intricate dynamics shaping legal and moral discourse in contemporary Poland.

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