In looking for protected values in the Constitution

Every Constitution, as belonging to the positivistic law, addresses the community to which it is of a fundamental signifi cance. It states not only principles of the political system, freedoms, rights and obligations of persons and rights of citizens but also an organization structure and the main tasks of the state. However, a key feature of the Constitution lies in pointing out values which are particularly important to the society. Being a member of a certain political community means that even if he/she does not identify himself/herself with a given constitutionally protected good, they are still obliged to respect it. It is important to fi nd out the infl uence of the Constitution principles on the process of qualifying a certain act as a crime. What is more, a crime justifi cation in a given case – a very complex issue – is in my understanding a secondary as well as a modifying eff ect of the constitutional norms’ context.

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6-7-2011 Szczucki.pdf

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