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CONSTITUTIONAL FREEDOM OF ASSOCIATION AS THE GUARANTEE FOR THE REALISATION OF THE INDIVIDUAL’S POLITICAL NEEDS
Abstract
RESEARCH OBJECTIVE: The fundamental research objective of the article is to analyze the significance of the freedom of association, i.e., Article 58 of the Polish Constitution, as a means of fulfilling human political needs. The study aims to determine whether the current provisions regarding association guarantee a real opportunity to satisfy human needs arising from their nature.
THE RESEARCH PROBLEM AND METHODS: The primary research problem is to establish whether the existing guarantees of freedom, specifically concerning the freedom of association, constitute a form of fulfilling human political needs. To conduct the analysis, legal research methods were employed, including doctrinal, doctrinal-theoretical, and theoretical-legal analyses.
THE PROCESS OF ARGUMENTATION: In the article’s content, the first section refers to presenting the role of the societal factor in the functioning of the state. It draws upon the social nature of humans based on the Aristotelian concept of “politikon zoon”. Subsequently, an analysis of the constitutional regulations is carried out in the context of an individual’s impact on the sphere of authority through the freedom of association. The final part of the article provides answers regarding the role of the freedom of association in every individual’s life.
RESEARCH RESULTS: The freedom of association constitutes a significant element in fulfilling human needs arising from the social nature of humans, as a form of political influence. The current constitutional regulations concerning the freedom of association provide a platform for individuals to exert real influence over authority.
CONCLUSIONS, INNOVATIONS, RECOMMENDATIONS: Considering the source of the freedom of association as a human dignity, there is a need for the state to implement standards that enable the exercise of this freedom regardless of various legal conditions on the individual’s side. The possibility of realizing this freedom should set the standards for shaping the law in the area of association.
Keywords
Freedom of association ; human rights ; political freedoms and rights
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