?This book tackles the issue of individual rights within the Polish
constitutional system. It begins by asking why the horizontal
effect of individual rights was not contemplated in Polish
jurisprudence until the 1980s, and why it is not expressly
addressed in the Polish Constitution despite the proposal of a
relevant clause during the drafting process. Through extensive
research, the author finds that the decision to abandon this clause
was done on purpose, therefore nothing stands in the way of
incorporating the horizontal application of constitutional rights
into the framework of the Polish Constitution. The author then
analyzes the regulation of individual rights and freedoms in
Poland's constitution to determine whether the document covers
rights or freedoms that may have a horizontal dimension. Further
chapters then seek to determine what practical form the direct
application of the constitution may take when examining the
horizontal dimension of constitutional rights; the scope of the
horizontal application of constitutional rights and the related
issue of the collision of constitutional rights; and the three
basic models for the horizontal operation of individual rights to
determine their applicability within the Polish constitutional
system. In different countries, these models are applied in a
parallel and complementary manner. This book makes available to
English-speaking readers the inner workings of Polish jurisprudence
and their effect on individual rights legislation beyond the
boundaries of Poland.
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