ABOUT SOME CONSEQUENCES OF THE AXIOLOGICAL DETERMINATION OF ADMINISTRATIVE LAW THROUGH THE CATEGORY OF THE COMMON GOOD

Abstract

The article attempts to capture the essence of administrative law from an axiological point of view. The considerations were based on the assumption that the entire Polish legal system is oriented towards the common good, which in the case of administrative law requires „positive”, and not only actions that are „no contrary to it.” The considerations aim to demonstrate that the category of public interest, closely related to the category of the common good, is an axiological element that unites administrative law as a „load-bearing structure” of the entire legal system supported by a constitutional foundation. The expression of the implementation of the common good is acting in an individually understood public interest, the construction of which does not assume its primacy or subordination to individual interest. The article indicates the impact of the essence of administrative law understood in this way on the nature of selected constructions of this law regarding the legal situations of „classic” entities of this law.