State and National Symbols as Values in the Constitution of the Republic of Poland

State and National Symbols as Values in the Constitution of the Republic of Poland Presented by: Prof. UKSW Dr. Aleksandra Syryt Date: 13 November 2023 Constitution of the Republic of Poland of 2 April 1997 - Constitution as a normative act - Constitution as a collection of values Constitution As A Normative Act - It is not a document containing political demands - It contains legal norms and, therefore, rules of behavior that must be observed - As a rule, it can be directly applied, i.e., it can be the basis for individual and specific acts issued by public authorities (Article 8 para 2 of the Constitution) - The constitution determines the system of the state and the legal status of citizens Constitution As A Collection Of Values - It is not a source of values, but a source of knowledge about values - The constitution as a symbol in the pursuit of freedom (historical significance) - The constitution creates a national bond - Elements of constitutional identity can be interpreted from the constitution - National identity is inseparable from the basic political and constitutional structures deriving from the constitution - Protects goods and values that are recognized by the nation (sovereign) as worthy of protection Where To Search Constitutional Values? - Preamble To The Constitution - Chapter I "Rzeczpospolita [Republic]" - Chapter II "Freedoms, Rights And Duties Of Human And Citizen" National And State Symbols - Emphasize the character and independence of the country to which they belong - Usually derive from the history of a nation and thus serve to build patriotic attitudes and national identity - Among many groups of people, there is a community can be described as a nation. It develops for a long time and is expressed in the relationship of generations, which consists of ancestors, living people and their descendants. A nation can maintain its historical continuity, assume the heritage in the form of language, emblem, and flag, cultivate it and pass it on to the next generations as a value related to society - State symbols are closely related to the historical tradition and history of a given nation and state. Preamble of the Constitution - Out of concern for the existence and future of our Homeland, having regained in 1989 the possibility of sovereign and democratic determination of its fate, we, the Polish Nation - all citizens of the Republic of Poland, both those who believe in God as the source of truth, justice, good and beauty, and those who do not share this faith, and those universal values derived from other sources, equal in rights and duties towards the common good - Poland, grateful to our ancestors for their work, for the fight for independence paid for with huge sacrifices, for the culture rooted in the Christian heritage of the Nation and universal human values, Chapter I of the Constitution - Art. 1 • - The Republic of Poland is a common good of all citizens. Art. 6 para. 1. • The Republic of Poland creates conditions for the dissemination and equal access to cultural goods, which are the source of the identity of the Polish nation, its survival and development. State And National Symbols In The Constitution - Article 28 • 1. The emblem of the Republic of Poland is the image of a white eagle with a crown in a red field. • 2. The colors of the Republic of Poland are white and red. • 3. The national anthem of the Republic of Poland is Mazurek Dąbrowski. • 4. The emblem, colors and anthem of the Republic of Poland are protected by law. • 5. Details concerning the emblem, colors and anthem shall be specified by law. How Constitution Protect National And State Symbols? - Declaration on the legal protection of these symbols - Obliging the legislator to create a statutory protection framework - Art. 28 of the Constitution, especially the couple. 1-4 may be a reference for reviewing the constitutionality of the law in proceedings before the Constitutional Tribunal