Human Dignity in Regard to  Human Rights in Illiberal Constitutionalism

This article deals with the relationship between human dignity and human rights in constitutionalism that labels itself ?illiberal?. This relationship is assessed on the basis of the Hungarian Basic Law of 2011. It is argued that this type of constitutionalism creates logical correlations that affect the approach to human rights. As a consequence, it seems that one can apply human dignity against human rights. Illiberal constitutionalism introduces systemic changes that cannot lead to changes in freedoms and rights as such; for instance, limitation of the freedom of speech because of the dignity of the nation.
The notion of dignity in the Hungarian Constitution is ?overburdened? as it encompasses many notions that remain in certain ?tension?. For instance, linking the dignity of the nation with human dignity leads to the limitation of the freedom of speech. The paradox of illiberal constitutionalism is that the role of human dignity increases at the expense of human rights. The logic of this constitutionalism is thus not only an attack on institutions (e.g. courts), but also an inevitable change in the approach to human rights.
The illiberalism of the illiberal constitutionalism expresses itself, foremost, in its different approach to an individual and his or her position in the state. In a liberal order the individual is autonomous and, in a certain way, separated from the nation. In an illiberal order, the individual is connected to the nation: a human being is not only an individual but an individual immersed in the nation and the dignity of the nation.

Old and New Challenges to the Protection of Human Rights

The author shows the current problems relating to two main issues: human rights, and a democratic and open society and its governance. The articles indicate old phenomena, that have been taking place for a long time, , and new ones related to civilization changes. The author points to the indecent forms of exercising power in the state. He warns that people who value democracy should be aware of the destructive consequences of any forms that degrade human dignity by politicians. Democrats should not be involved in the decomposition of democratic processes in the state carried out by those in power, which draw their society into an undemocratic regime.

Developing Constitutional Standards for the Protection of Individual Rights in the Case-Law of the Constitutional Tribunal

This paper is devoted to the problem of developing constitutional standards for the protection of individual freedoms and rights in the case-law of the Polish Constitutional Tribunal. It analyzes the problem of the minimum standard of protection of individual rights set in the Constitution of the Republic of Poland of 1997 and the possibility of its development in the form of an ordinary statute, as well as the problem of a collision between constitutional and EU standards. The author comes to the conclusion that after 2015 in the jurisprudence of the Constitutional Tribunal we observe a consistent lowering of constitutional standards of protection of individual rights and freedoms.

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.

Counteracting Discrimination Under the Provisions of the Act of 3 December 2010 on the Implementation of Certain Provisions of the European Union in the Field of Equal Treatment

The subject of the article is an analysis of the functioning of the Act of 3 December 2010 on the Implementation of Certain Provisions of the European Union in the Field of Equal Treatment (the Equality Act). In the first part of the article, the most important provisions of this act are cited, with particular emphasis on those solutions which raise doubts in the legal community, not only as to their effectiveness and rationality, and thus practical relevance, but also to their compliance with the Polish Constitution of 1997. In the second part, the practice of applying the Equality Act is presented on the example of selected decisions of common courts. In the light of the scarcity of cases conducted on the basis of this Act, it was pointed out that without introducing a number of changes to its content, particularly in terms of expanding the catalogue of claims to which people affected by unequal treatment are entitled, and without a broad information campaign, the Act has no chance of becoming an effective tool for combating discrimination.

The Right to Clean Air

The issue of clean air is one of the most important problems of the modern world. Air pollution has no borders, therefore its protection is primarily the domain of international law, which is increasingly striving to strengthen this protection. The Constitution of the Republic of Poland of 1997 contains a number of provisions concerning the environment - for example, program norms that determine the tasks of public authorities such as preventing the negative health consequences of degradation of the environment, or the norms that contains the right to be informed about the quality of the environment and its protection). However, it is disputed whether the right to clean air can be considered as one of the fundamental rights that are subject to constitutional protection. The article shows the most important legal problems related to clean air protection: essential postulates of the legal doctrine, key legal regulations, and the most important court decisions that may affect the way this law is perceived in the near future.
 

Constitutional Complaint in Times of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal

The aim of the article is to identify and analyze the direction of changes to which the legal institution of the constitutional complaint has been subject since the entry into force of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal. In the years 2017-2020, the constitutional complaint underwent transformations, only some of which were justified by the content of the new

The European Standards of „Fair” Elections (the Venice Commission and the European Court of Human Rights)

The election must be ?fair?, i.e. its legal framework and practical implementation must ensure the free expression of the opinion of the people in the choice of the legislature or other representative body. Fairness of elections constitutes a prerequisite for the proper implementation of the five fundamental rules of suffrage (universal, equal, free, secret, and direct) which, taken together, constitute the European electoral heritage. This article discusses the European standards of ?fair elections? in five specific fields: stability of electoral legislation, postal voting, misuse of public means in the electoral campaign, the role of the public media in the electoral campaign, and adjudication of electoral disputes. Particular attention is given to the caselaw of the European Court of Human Rights and the opinions of the Venice Commission. These standards are confronted with the Polish electoral laws and practice, in particular, the experience of the 2020 presidential elections.