Fundamental values of European legal culture in the provisions of the polish constitution 1791
| Autor: | V.O. Kachur |
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| Rok vydání: | 2021 |
| Předmět: | |
| Zdroj: | Uzhhorod National University Herald. Series: Law. :37-40 |
| ISSN: | 2664-6153 2307-3322 |
| DOI: | 10.24144/2307-3322.2021.64.6 |
| Popis: | The article reveals the importance of legal culture for the social and state life of any country and for ensuring the life of both an individual and social groups, communities and humanity as a whole, which is due to its ability to involve a person in the system of legal values, accumulate legal experience and transfer it from generation to generation. It is noted that the European legal culture, in addition to natural rights, democracy, the rule of law, has other values that ensure the sustainable development of society, social justice and legal progress. It is emphasized that the analysis of legal monuments, which are so rich in European state-legal history, helps to trace the evolution of the formation of value-legal guidelines in modern Europe. Based on the analysis of the text of the Polish Constitution of 1791, those provisions that contain the fundamental values of European legal culture that have become value guidelines for the further state-legal development of Poland are highlighted. All values that stem from their content are divided into two groups: 1) values that reflect the value guidelines of the Polish society of that time (patriotism, religious tolerance, freedom, dignity, equality, property, inviolability of legal certainty, people); 2) values that reflect value guidelines for the organization of state power (the principle of sovereignty of the people, the principle of separation of powers, the principle of popular representation, the constancy of the constitution, the principle of majority, the principle of political responsibility). According to the results of the study, the Polish Constitution of 1791 is an example of an amazing symbiosis of traditions and innovations, when such progressive values as patriotism, religious tolerance, people, territorial integrity, freedom, the principle of sovereignty of the people, the principle of separation of powers, political responsibility, the principle of popular representation, the principle of majority coexist with traditional estate privileges and the institution of dependent peasants. It is indicated about the special attitude of the Polish people to this document as a certain state symbol. |
| Databáze: | OpenAIRE |
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