Granice zasady bezstronności światopoglądowej władz publicznych (art. 25 ust. 2 Konstytucji RP)

Abstract

The main purpose of this paper is to define the boundaries of the principle of impartiality of public authorities in matters of personal conviction and outlooks on life, expressed in article 25 paragraph 2 of the Polish Constitution of 1997. At its very root, the concept of the liberal state is strictly related to the idea of human dignity. For that reason, a democratic state ruled by law can not remain absolutely impartial in some branches of its activity, as far as the most important values represented in the Polish Constitution are concerned. For example, apart from the inherent and inalienable dignity of the person, the legislator is bound to protect public morals. Moreover, article 13 of the Polish Constitution excludes totalitarian programmes and ideas from public spaces. Finally, the author notices that it is not a duty of the state to regulate all matters. On the contrary, in the liberal state there should be a vast space for the citizens’ initiative, especially if axiology is involved.