Antywartości konstytucyjne. Wprowadzenie do problematyki

The article deals with problems of constitutional anti-values. Provisions of the fundamental law refer to such phenomena as totalitarianism, war, crime, hate, intolerance, discrimination, which shall be regarded as constitutional counter-values. Anti-values are opinions (assessments) based on an intellectual and emotional experience of strong disapproval of a particular phenomenon. Their occurrence in social life results in negative consequences, such as injustice, misfortune, harm etc. Counter-values on the other hand are negative assessments of specific facts (social phenomena) included in the fundamental law by the lawmaker. Initially, those elements had been part of the natural law, but presently — similarly to typical (positive) values — they are part of the constitutional axiology. It was not the author’s intention to provide and exhaustive description of all constitutional anti-values, but to present their general definition, systemic role, and the function they serve in a legal order. Furthermore, sources and types of anti-values are presented herein, as well as methods of reconstructing them on the basis of the text of fundamental law.