Rozwój konstytucyjnych praw społecznych obywateli

Abstract

Economic, social and cultural human rights are the juridical form of universally recognised values such as human dignity, justice, freedom from poverty and fear for existence, and personality development. A certain widely recognised pattern and standard of these rights has been formed, which manifests itself both in the repetition of numerous modern constitutional catalogues of rights and in the International Treaties. This pattern continues to develop and expand; constitutional catalogues of the social rights of human and citizen are expanding, and international law standards protecting the social condition of humans are being developed on the basis of the Treaties, which, once ratified, become part of the domestic law of the states and parties thereto.

It is true that the international model can be implemented without adaptation of the constitutional catalogue of social rights - through regular legislation and social policy of the state. However, the constitutional, broad catalogue of social rights provides a legal and systemic guarantee for their implementation and creates the possibility for the citizen to enforce such rights before the courts. The existence or lack of an elaborate catalogue of social rights in the constitution is therefore not an irrelevant matter.

While the expansion of constitutional catalogues of social rights is not a widespread phenomenon, there is no doubt that this pattern is becoming increasingly common, facilitated in particular by its entrenchment in the international law. This process contributes to the realisation of general human values expressed as social laws.