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    Published: 2021-03-13
    Vol. 21 No. 1 (2021)

    A New Comment on Art. 18 of the Polish Constitution in Light of the Rulings and Verdicts Handed Down by the Constitutional Tribunal of Poland

    Marcin Stębelski
    Zeszyty Prawnicze
    Section: Artykuły
    https://doi.org/10.21697/zp.2021.21.1.04

    Abstract

    This study is an analysis of Art. 18 of the Polish Constitution from a more general perspective, that is to say with regard to all the normative elements of this provision. Apart from the fact that Art. 18 is in the very first chapter of the Constitution, what determines its specificity is that it regulates the most important institutions of family law jointly and places them under the protection and care of the Republic of Poland. Te emphasis Art. 18 puts on the importance of marriage in the constitutional sense as the union of a man and a woman, the family, motherhood and parenthood, is to be associated with the provision of the right conditions for building and shaping interpersonal relationships. This applies both to spouses and individual family members, primarily parents and children. This more general context of Art. 18 is presented with reference to many of the statements made by the Constitutional Tribunal, whose rulings have repeatedly stressed the importance of Art. 18 as a key element of Poland’s constitutional axiology.

    Keywords:

    the Polish Constitution; marriage; the family; motherhood; parenthood.

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    Citation rules

    Stębelski, M. (2021). A New Comment on Art. 18 of the Polish Constitution in Light of the Rulings and Verdicts Handed Down by the Constitutional Tribunal of Poland. Zeszyty Prawnicze, 21(1), 111–130. https://doi.org/10.21697/zp.2021.21.1.04

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