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<p>The COVID-19 pandemic has had far-reaching effects, which are primarily being felt in the functioning of the health service, the organization of social life, and the state of the national economy. It is also worth paying attention to the legal and political consequences which are less obvious and noticeable for average citizens. One of the most important is the change in legislation which entails limiting civil liberties and rights. This article is on empirical proof of how Polish legislation is reducing fundamental rights. The authorities in combatting the pandemic are not using the solutions that appear in the Polish Constitution, but use the non-constitutional form of special laws. The authors, therefore, when discussing the problem refer to US legislation and policy which has the notable example of the Patriot Act which can be interpreted as being a pretext for limiting civil liberties in the name of combating terrorism. As stated, such emergencies as the current pandemic or the threat of terrorism, are used to permanently and significantly reduce civil rights.</p>

Under the conventional view, securities law is intended to protect ordinary (retail) investors. However, some scholars from the school of Law & Economics (L&E), guided by considerations of economic efficiency, claim instead that the principal function of securities law is to reduce transaction costs and risk to professionals. This paper examines those claims empirically. Our research design blends content analysis methods with expert survey techniques to arrive at numerical assessments of determinants of Polish securities law. We find that the L&E view is supported by our data very weakly, only insofar as consumer protection is not the main driver of securities law. The veracity of this claim appears to be time-dependent. We do not find sufficient support for the main components of the L&E view, i.e., that securities law is meant to reduce transaction costs and risk to professionals. However, our data does not refute the L&E hypotheses, and, therefore, we consider them to be an open question. We phrase our conclusions cautiously because of the relatively small number of experts surveyed and of statutory sources of securities law in Poland.

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Autorka w niniejszym opracowaniu stara się odpowiedzieć na dwa pytania. Jaki charakter mają: interpretacja konstytucji oraz wykładnia prawa w zgodzie z konstytucją (wykładnia konstytucyjna)? Czy i na ile różnią się od siebie oraz od ogólnych reguł czy zasad wykładni stosowanych przez sądy?