Introduction
A modern state governed by the rule of law cannot exist in an axiological vacuum. Its legitimacy stems from a deep bond between norms and values, rather than technical procedural perfection. Solidarity and the common good are not poetic ornaments, but the moral compass of the legal order, setting the course for both the legislator and the judge. This article explores how these foundations shape the Polish legal system, the economy, and relations with the European Union, protecting us from the arbitrary exercise of power.
Constitutional Axiology and the Preamble to the Constitution of the Republic of Poland
In the practice of lawmaking, constitutional axiology serves as a primary guide. These values originate primarily from the Preamble to the Constitution of the Republic of Poland, which calls for "solidarity with others," and Articles 1 and 20, which transform them into binding normative mandates. Here, solidarity becomes a directive for public authorities, particularly in shaping social policy and healthcare.
In the process of applying the law, pro-constitutional interpretation plays a key role, assuming the primacy of values over the dry letter of the law. Through this, the law ceases to be a dead set of instructions and becomes a "living spirit" of justice. Ignoring this axiological backbone leads to flagrant injustice and undermines the citizen's trust in the state.
The Common Good and the Social Market Economy
The concept of the common good (bonum commune) functions within the system as a meta-principle. Its task is to find a balance between individual freedom and the interests of the whole. Article 1 of the Constitution, which recognizes the Republic as a common good, imposes an obligation on the state to act for social cohesion while simultaneously serving as a shield against the tyranny of the majority.
This principle translates directly into the social market economy. According to Article 20 of the Constitution, the Polish economic model rejects the neoliberal myth of a self-regulating market. Solidarity acts here as a "safety valve," legitimizing state intervention to protect weaker market participants—employees and consumers. This value justifies the redistribution of wealth through the tax system or social insurance, correcting the brutal logic of profit.
European Solidarity and Legal Flexibility
The principle of solidarity extends beyond national borders, forming the foundation of EU treaties. Article 222 of the TFEU (the solidarity clause) obligates member states to provide mutual assistance in crisis situations. In EU law, solidarity materializes through regional cohesion policy and the protection of labor rights, giving the union an ethical dimension rather than a purely mercantile one.
The often-cited vagueness of axiological concepts, such as solidarity, is not a weakness but an advantage. This normative flexibility allows the law to adapt to changing social and economic conditions. It enables constitutional courts to give values a meaning adequate to contemporary challenges, such as pandemics or migration crises, without the need for constant amendments to the text of the basic law.
Axiological Abuses and Law Without Values
However, one must warn against the instrumentalization of values. History shows that slogans about the "common good" have been used by undemocratic regimes to crush individual rights. Therefore, axiological abuses must be restrained by an independent judiciary so that solidarity does not become an alibi for coercion. Law without values becomes merely a tool of violence and cynicism, leading to statutory lawlessness.
Mutual recognition of social roles and the inseparable link between freedom and responsibility are the pillars of a system where the working person is not a resource, but a subject co-creating the common good. Solidarity and the common good define the limits of public power that no state organ may cross. Only their convergence creates the foundation of a civilization that not only knows its rights but understands its responsibility.
📄 Full analysis available in PDF