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- Title
LEGALIZM CZY DOBRO DZIECKA - PROBLEM PIERWSZEŃSTWA ZASAD KONSTYTUCYJNYCH PRZY ODEBRANIU DZIECKA Z RODZINY W SYTUACJI KRYZYSOWEJ.
- Authors
Jędrzejczyk, Tomasz
- Abstract
The article attempts to question which of the constitutional principles "the legislation" or "the child's welfare" should be given priority in a crisis situation, when a child is removed from home by the police. At the beginning, the article explains the differences between a legal principle and a rule of law, and presents the issues of direct application of the constitution in the Polish legal system and the citizen's right to constitutional complaint. The constitutional principles "the legislaton" and "the child's welfare" are analysed. The meaning of foster care, as a temporary alternative remedy in cases where parents are unable to take care of their children, is discussed and the crisis situation, which is based on removal of a child from home and taking them under foster care, is defined. On the basis of polish court ruling, there are expressed comments which indicate the priority of the legislation principle. The court's rulings expressed de lege lata, which indicate the supremacy of the principle of legality. In conclusion, based on the comparative analysis, the solutions which have been adopted by the legislature are criticised and formulated demands de lege ferenda.
- Publication
Ogrody Nauk i Sztuk, 2016, Issue 6, p78
- ISSN
2084-1426
- Publication type
Article
- DOI
10.15503/onis2016.78.89