Structure and content of the constitutional social market economy principle — guidelines for the legislator

Abstract

The social market economy principle is a new principle in Polish constitutionalism, de-termining the economic system of the Republic of Poland. Its role is primarily to point out a set of values defining a limit for the legislature regarding its undoubtedly broad autonomy in the selection of detailed solutions to construct the economic state order. As a rule of constitutional interpretation, it also provides guidelines for the interpretation of further, specific provisions of the Basic Law. The specificity of the discussed principle lies in its multi-stage construction, consisting in establishing a general social market economy principle, then filling it out with the detailed contents by further constitutional principles, especially the principle of freedom of economic activities and the protec-tion of property.