Masternak-Kubiak Małgorzata, Voluntary Giving Away of a Jewish Child in Nazi-Occupied Poland as a Manifestation of War Repression

1. The purpose of this article is to discuss the legal issue of whether placing a Jewish child in a Polish family with the aim of saving their life during the period of Nazi occupation should or should not, under the laws of Poland, be treated as a case of the occupying authorities taking a child away from the parents in order to denationalize or exterminate them. It is important to begin with the statement that the 1997 Constitution is the supreme law of Poland. By defining the law of the state, the Constitution lays the foundation for the entire Polish legal system and holds it together. Law will not fulfil its social functions unless it operates as a coherent and uniform system of norms. The constitutional axiology determines its substantive identity. But the complex constitutional axiology may only be reconstructed by reference to those provisions of the Constitution which directly or indirectly express the concept of protecting certain values and principles.

Pursuant to Article 1...