Adopting the legal natural significance of human dignity is a condition of terminological and axiological order in the Polish legal system. One should postulate the admissibility of direct application as autonomous normative grounds, provisions of the Constitution expressing the human dignity. To enable the above postulate, the need for legislative changes seems justified. This need arises not only from de lege lata arguments, but also from the nature of the legal system itself, which includes the impossibility of legislative coverage of all possible future facts. In particular, it seems justified to re-edit the provisions of the Constitution so that they express both the principle of human dignity as the current value criterion, but also contain expressis verbis the subjective right to this dignity as an inherent legal good. It seems that the right place for such a way of expressing the will of the legislator with which we are currently dealing in art. 30 of the Constitution is the “constitutional” Chapter I of the Constitution. On the other hand, the provisions of Chapter II should be opened by such a normative formulation of human dignity, which would remove doubts about its self – existence as a subjective right. It would also be useful to include in the provisions of the Constitution the principle of non-binding by law norms contrary to the legal natural axiology of the Constitution, including the principles of the common good and human dignity.
You may also start an advanced similarity search for this article.