The Responsibility of Constitutionalism for the Future of the State and Society (Selected Issues)

The responsibility of constitutionalism for the future of the state and society is associated with three problems. They include: the functions fulfilled by the constitution itself, the implementation of basic values of the constitution, and, subsequently, the shape of constitutionalism as such. It is crucial that the state authorities fulfil their positive obligations in the field of individual rights. These obligations vary across generations of human rights. The implementation of human rights is important not only in vertical relations between the government and the individual, but also in horizontal relations (certain constitutional human rights also apply to relationships between private entities). One of the key values (under the Constitution of the Republic of Poland) is the implementation of the principle of common good. The role of this principle is that in the case law of the Constitutional Tribunal it is weighted with other legal principles. In essence, this principle is treated as having primary meaning over other principles. Before the constitutional court, it is thus used to balance other competing principles and values. Finally, the shape of constitutionalism itself is important. For many years, we identified constitutionalism only with liberal constitutionalism. Meanwhile, this trend itself is not homogenous. Moreover, a trend of illiberal constitutionalism has been developing, which may have devastating impact on the position of an individual in the state. These are the “hot spots” around which the future of constitutionalism is taking shape.