The author analyzes three fundamental concepts relating to constitutional human rights and freedoms: horizontal application of the Constitution, horizontal observance of the constitutional provisions, and horizontal validity of the Constitution. The author claims that in Polish constitutionalism there are many discrepancies in understanding the mentioned terms which bring difficulties to conduct discourse and scientific research. The two models of application of constitutional law (narrow and wide) are described in the essay. The author recognizes that the wide model is introduced to the Polish Constitution. According to this, the Constitution may be applied by courts, administrative bodies, and other bodies of public authority, as well as by entities of private law. The author recognizes that the above-mentioned entities usually do not apply constitutional provisions but obey (respect) rules derived from the rights and freedoms. The author also describes the personal scope of obligations which are encoded in constitutional rights and freedoms. It is indicated that there are two types of addressees of the obligations: organs andauthorities, and other entities. Both are supposed to respect constitutional human rights and freedoms. In conclusion, the author presents the opinion that formulating specific definitions of the above-mentioned issues based on the principle of the autonomy of constitutional concepts should be avoided.

Application or Observance of Constitutional Norms in a Horizontal Perspective – Terminological Issues

The author analyzes three fundamental concepts relating to constitutional human rights and freedoms: horizontal application of the Constitution, horizontal observance of the constitutional provisions, and horizontal validity of the Constitution. The author claims that in Polish constitutionalism there are many discrepancies in understanding the mentioned terms which bring difficulties to conduct discourse and scientific research. The two models of application of constitutional law (narrow and wide) are described in the essay. The author recognizes that the wide model is introduced to the Polish Constitution. According to this, the Constitution may be applied by courts, administrative bodies, and other bodies of public authority, as well as by entities of private law. The author recognizes that the above-mentioned entities usually do not apply constitutional provisions but obey (respect) rules derived from the rights and freedoms. The author also describes the personal scope of obligations which are encoded in constitutional rights and freedoms. It is indicated that there are two types of addressees of the obligations: organs andauthorities, and other entities. Both are supposed to respect constitutional human rights and freedoms. In conclusion, the author presents the opinion that formulating specific definitions of the above-mentioned issues based on the principle of the autonomy of constitutional concepts should be avoided.