The Constitution in the Context of Cultural Values (Abolition of the Wall of Seperation

Abstract

The subject matter of the paper is a critical evaluation of the system of Polish law currently in force, especially of the constitutional law.

The author takes up a critical standpoint towards a purely positivistic conception of the law, dominating in Polish legal writings; he presents an axiological understanding of the law, instead. He puts the principle of respect for human dignity in the first place, as well as following from this principle the basic laws and freedom due to each human individual.

Then he goes on to show any consequences that may result from when the above principle has been accepted in constitutional law (accepting the principle of the division of the authorities, renouncing the hostile separation between the state and the Church) and in the rules of the court.