THEORIES OF FUNDAMENTAL RIGHTS AND THEIR IMPACT ON THE INTERPRETATION OF THE CONSTITUTION
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Keywords

theories of fundamental rights
interpretation of the constitution
principle of freedom
principle of social justice.

How to Cite

JAKUSZEWICZ, A. (2014) “THEORIES OF FUNDAMENTAL RIGHTS AND THEIR IMPACT ON THE INTERPRETATION OF THE CONSTITUTION”, Scientific Journal of Bielsko-Biala School of Finance and Law. Bielsko-Biała, PL, 5(4), pp. 104–135. doi: 10.5604/01.3001.0012.4280.

Abstract

Constitutional provisions stipulating the fundamental rights are to a great extent of an indefinite character. That is why their interpretation consists in their concretization, i.e. of their filling with normative substance. Since this cannot be done solely by means of traditional methods, an interpreter resorts to a theory of fundamental rights, which has a decisive impact on the outcome of the interpretation. The article discusses the most influential theories of fundamental rights and analyzes their implications for the interpretation of the constitution. Furthermore, the author indicates the need to draw up a theory of fundamental rights proper to the constitution in force, i.e. inferred from its provisions, that would be binding on an interpreter.
https://doi.org/10.5604/01.3001.0012.4280
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The papers published in the ASEJ Journal (alternate title: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej) - published by the University of Applied Sciences in Bielsko-Biała, are online open access distributed (Creative Commons Attribution CC-BY-NC 4.0 license). The Publisher cannot be held liable for the graphic material supplied. The printed version is the original version of the issued Journal. Responsibility for the content rests with the authors and not upon the Scientific Journal or Bielsko-Biala School of Finance and Law.

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