Zagrożenia dla realizacji praw człowieka wynikające z prawa administracyjnego

Abstrakt

The paper discusses the problem of threats to human rights which appear within the administrative law. Not long ago it was the law itself which provided such threats in Poland, either directly - when particular regulations marred human rights, or indirectly - due to the lack of respective regulations which would substantiate human rights implied in the constitution. The threats to human rights, however, arise also in the legal state, which - putting aside the abuses of the authorities - results from a collision of particular goods and tensions among some entitlements which the administration organs have still to deal with in their work. As in the communist State impeachment on human rights was related to putting priority on social interest over the individual interest, so in the legal State, according to the author, it results at times from an insufficient activity of the State administration, especially in the sphere of social politics. The paper discusses these issues against the background of the right to privacy. The latter being endangered by the otherwise useful and indispensable in the administration work gathering and data processing, and social laws. The author concludes that despite the fact that the State has withdrawn from economy, the role of administration in substantiating human rights has not diminished and is still critical.