This edited volume represents a significant contribution to the academic discourse on the role of good faith in constitutional law. By assembling scholars from various countries who explore different aspects of the subject, the book provides a comprehensive comparative and constitutional theory analysis explaining the idea of good faith in constitutional law. The book consists of three main parts, preceded by an introductory and methodological chapter that outlines the research problem and initial findings.

The first part examines the origins of good faith in public law and its historical sources. This section introduces the reader to the idea of good faith in jurisprudence and legal tradition and its current application in public law, which includes constitutional law. This part focusses on three key points of reference: international treaty law, where good faith governs the formation and performance of international agreements; EU law, where good faith or "loyal cooperation" shapes the relationship between member states and EU institutions; and the Council of Europe's human rights system, in particular the European Court of Human Rights, where good faith considerations appear in assessing the compatibility of state action with fundamental rights. This section therefore provides a basic background for understanding constitutional good faith. The second part explores constitutional good faith in selected legal systems. The choice of jurisdictions for comparative analysis is not accidental. First, it includes countries where good faith is explicitly enshrined in constitutional provisions, and thus is a normative concept with a well-defined meaning. Second, it includes countries where good faith appears in constitutional jurisprudence or academic debate. The last part analyzes good faith through the lens of constitutional theory, focusing on key areas relevant to the interpretation and application of constitutional law, in particular the theory of constitutional interpretation, the principle of separation of powers, including the vertical division of powers and the judiciary, as well as the relationships between the state and individuals.

The book is being prepared with funds from the National Science Center in Poland for the project "Good Faith in Constitutional Law" (project no. 2020/39/B/HS5/02298).

Offers the first comprehensive analysis of the concept of good faith within constitutional law and practice Explores various approaches to the emerged concept by bridging insights from constitutional theory and comparative law Provides an additional perspective for evaluating constitutional practices and legislation

Autorentext

Jan Podkowik, Ph.D. (Dr. Habil.) – Associate Professor in the Department of Constitutional Law at the Faculty of Law and Administration of the University of Warsaw, Poland. Principal Investigator in the research project: “Good Faith in Constitutional Law”, financed by the National Science Centre (No. 2020/39/B/HS5/02298). Author of publications on constitutional law and human rights published, i.e. by Springer, in “International Journal of Constitutional Law” or “European Constitutional Law Review”. His research focuses on the constitutional foundations of the legal system, the impact of the constitution on private law and human rights in the digital era (co-editor of: "European Constitutional Courts Towards Data Retention Laws", Springer 2021). Previously he served as an expert in the Polish Ombudsman’s Office and assistant to the Judge in the Constitutional Tribunal (2010-2017). Currently, he is the Head of the Legislation and Public Affairs Department at the General Counsel to the Republic of Poland.
ORCID: 0000-0001-6410-6822
e-mail: j.podkowik@wpia.uw.edu.pl

Anna Chmielarz-Grochal, Ph.D. - Assistant Professor in the Department of Administrative Procedure and Judicial Review of Administration at the Faculty of Law and Administration of the University of ódz, Poland. Author of publications on constitutional issues and administrative law. Her research focuses on the judiciary, judicial dialogue, the relationship between European constitutional law and national law, as well as the system of the Fifth French Republic. She also serves at the Polish Supreme Administrative Court.
ORCID: 0000-0003-4667-9410

Marcin St belski, Ph.D. - Assistant Professor in the Department of Constitutional Law at the Faculty of Law and Administration of the University of Warsaw. His research encompasses constitutional amendments, fundamental principles of constitutional law, constitutional justice and the status of judges. He also dealt with the issues concerning the protection of the family in constitutional law and parliamentary law. He also serves at the Polish Supreme Court Research and Analyses Office. In the past he was employed as a legal adviser at the Office of Parliamentary Analyses and assistant to the Judge in the Constitutional Tribunal.
ORCID: 0000-0003-2643-6323

Jaros aw Sükowski, Ph.D. – Assistant Professor in the Department of Administrative Procedure and Judicial Review of Administration at the Faculty of Law and Administration of the University of Lodz, Poland. His research focuses on constitutional justice, the status of judges, and the relationships between central authorities and local governments. He also has a particular interest in the constitutional law of Spain and Latin America.He also serves as attorney-at-law at the Polish Ministry of Climate and Environment. In the past he served as law clerk in the Constitutional Tribunal.
ORCID: 0000-0003-4624-322X

Inhalt

Towards Constitutional Good Faith.- Part One: Inspirations.- Good Faith in Public Law and the European Legal Tradition.- Good Faith in International Law.- Good Faith in European Union Law.- Good Faith in the European Convention on Human Rights.- Part Two: Perspectives.- Good Faith in French Constitutional Law.- Good Faith in German Constitutional Law.- Good Faith in Polish Constitutional Law.- Good Faith in Romanian Constitutional Law.- Good Faith in U.S. Constitutional Law.- Good Faith in Spanish Constitutional Law.- Good Faith in Swiss Constitutional Law.- Part Three: Manifestations.- Good Faith in Constitutional Interpretation.- Good Faith in the State - Individual Relationships.- Good Faith and the Separation of Powers.- Good Faith and Judicial Power.- Good Faith and a Vertical Division of Power.