Dobra wiara w prawie konstytucyjnym – prolegomena

The article discusses the theoretical foundations of the concept of constitutional good faith. Starting from the perspective of the essence of the constitution as the basic law of the State and its characteristics, an understanding of constitutional good faith as a legal obligation relating to the way in which constitutional provisions are interpreted and applied is proposed. Interpreting the constitution in good faith means decoding constitutional norms in such a way so as to establish their objective meaning, regardless of the particular factual context within which the provisions are interpreted. Applying the constitution in good faith means, in turn, the obligation to act in a way that is oriented towards attaining its aims and objectives, and the inadmissibility of acting against them. The article identifies the main features of acting in good faith, presenting it as a universal concept that can be applied to any legal system that is based on the principle of constitutionalism. It also proposes bases for assessing the actions of State authorities from the perspective of good faith.