Abstract

Constitutional Protection of Property in the Light of Stanisław Madeyski’s Views

Summary
The article discusses the work of Stanisław Madeyski „A political right to freedom of property” published in «Czasopismo Prawnicze i Ekonomiczne» [Journal of Law and Economics] from 1903 and points out that the ideas presented therein did not lose their immediate interest. The main discussions are preceded by a presentation of the curriculum vitae and the academic output of Stanisław Madeyski (1841-1910) a profesor of Jagiellonian University, also a politician, Austrian Minister of Religious Denomination and Education, and the member of the State Tribunal (Reichsgericht).

In his work Stanisław Madeyski addresses an interpretation of, still in force in Austria, article V of the Citizens’ Universal Rights Act dated December 21,1867, pursuant to which the property right is inviolable, and expropriation against the owner’s will may occur only in cases provided for in law. Adducing the historical and comparative argumentation Madeyski demonstrates that the said provision is concerned with a ban, aimed at the State authorities, on encroaching upon a domain of property relations of the citizens apart from cases provided for in the constitution. In the author’s opinion the constitution article under discussion guarantees the citizens not only the inviolability of the right to property but also the inviolability of the whole of their possessions that is of the totality of the material rights vested in them. Madeyski points out that the constitutional ban on infringement upon property imposes on the State authorities the legal duty to a citizen to cease all unlawful acts that would infringe upon a property of a citizen. This duty of the State authorities corresponds on the side of a citizen to the possibility of a free disposal of his property. This formulation of a relation between a citizen and the State authorities bears the same features as all liberties guaranteed by the constitution, as for example personal liberty, freedom of religion, freedom of nationality. Doubtless, all these rights originate from the sole right of political liberty (personality). In the same way property inviolability is a particular way to exercise the general right of political liberty as it is the case with any aforementioned liberties. It serves the citizens to develop, within legal limits, their personality according to free will. Madeyski closes his considerations with the conclusion that inviolability of property provided for in this constitutional provision is a political, constitutionally guaranteed right of freedom of property that is protected by law before the State Tribunal.

The article emphasizes that it was to Madeyski’s credit that he demonstrated the protection guaranteed by the constitution covers not only property but also other material rights. This view is accepted nowadays, both in Polish and foreign legal doctrine. The most important and enduring is the expressed in the work of Madeyski idea emphasizing the connection between a constitutionally guaranteed protection of proprietary rights and protection of man’s liberty.

Bringing back ideas expressed one hundred years ago by one of Polish lawyer of distinction, although nowadays almost forgotten in Poland, served also to point out the role which Austro-Hungarian Monarchy structural solutions played in the formation of constitutional jurisdiction. In this context statements of two professors have been indicated; these of Oswald Balzer and Jozef Buzek from the Lvov University who already in 1919 postulated an establishment of a body having a constitutional jurisdiction status in the Reborn Poland.