DEV Community

Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on • Originally published at dobrepanstwo.org

Solidarity and the common good as the foundations of the legal order

This article provides an in-depth analysis of the axiological foundations of the contemporary rule of law, focusing on the concepts of solidarity and the common good (bonum commune). The authors argue that the legitimacy of the legal system stems not only from the technical correctness of procedures but also from the deep roots of norms in fundamental values. The text examines the presence of these principles in the Polish Constitution, particularly in the preamble and Article 1, and their impact on shaping the social market economy. It also addresses the issue of case law and the principle of proportionality in the context of protecting individual rights and pursuing the general interest. A key element of the study is a warning against the risk of instrumentalizing vague concepts in current political struggles. This is essential reading for those seeking to understand the connection between morality and law.

Top comments (0)