Material limits of interference in the content of the provisions of the constitution as an instrument for the protection of individual freedoms and rights under the Constitution of the Republic of Poland of 1997

Abstract

The aim of the article is to analyze the ways of determining material limits of interference in the content of constitutional provisions devoted to individual freedoms and rights. These matters are part of the system of values ​​and principles that determine the material identity of the Constitution. Covering these regulations with the requirements of a qualified amendment procedure proves the high degree of protection of these standards. However, the Constitution of the Republic of Poland does not indicate how to determine the material limits of the proposed changes. The most far-reaching instrument for securing the material identity of the constitution is the complete exclusion of the possibility of modifying certain provisions of the constitution, which are therefore called immutable provisions. The concept of the so-called implied prohibitions on amending of the constitution consist in deriving from the entire provisions of the Constitution of a prohibition on making specific modifications. The material stability of the Constitution plays an important role from the perspective of protecting constitutional freedoms and rights.