The Polish Constitution, currently in force, was adopted on April 2, 1997 by the National Assembly. The legal act was finally approved in a referendum held on May 25, 1997. In its present form, it consists of a preamble and 13 chapters with 243 articles.
The Polish Constitution was the first in Europe
Historically, the first Polish Constitution was the one adopted on May 3 in 1791 by the Four-Year Seym. However, the circumstances in which this legal act was created are important. It should be mentioned that it took place after the second partition of Poland. It was an expression of the desire to reform the state in order to maintain sovereignty. Attempts at systemic changes were made too late. They took place when the establishment of the Targowica Confederation became a fact, and Catherine II acted as the guarantor of the system of the Polish-Lithuanian Commonwealth. As a result, the establishment of the Constitution of May 3 became a pretext for the invasion of Polish lands by the Russian army, and consequently for the third partition of Poland in 1795.
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The Constitution of the Duchy of Warsaw and the Kingdom of Poland
Two further major legal acts have in fact been imposed on Poland. For the first time in 1807, when Napoleon Bonaparte dictated the basic principles of the constitution. In principle, it was to endure state differences, which was reflected, inter alia, in in introducing the same judgments for all social groups.
The constitution of the Kingdom of Poland, in turn, was imposed by the Tsar of Russia and the King of Poland - Alexander I. free parliament, national army, state apparatus, and law and judiciary. This constitution was in force until February 26, 1832. Then Tsar Nicholas I introduced the Organic Statute for the Kingdom of Poland in its place.
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The microconstitution of the Kingdom of Poland from 1917
On September 12, 1917, a patent of German and Austro-Hungarian governors general was passed, which in fact had the features of a microconstitution. This document was detailed by the decree of the Regency Council on January 3, 1918. It defined the temporary organization of the Supreme Authorities in the Kingdom of Poland. Its supreme representative was the Regency Council, while the legislative power was held by the Regency Council and the Council of State. Executive power was vested in the President of Ministers and the ministers subordinate to him.
The microconstitution of the Republic of Poland from 1918
A year later, on November 14, 1918 to be precise, the Regency Council appointed Józef Piłsudski sovereign. Soon after this event, on November 22, 1918, he issued a decree regulating the issue of the highest authority in Poland. This document uses the term "Republic of Poland" for the first time. It also specified that the legislative power was vested in the Provisional Chief of State, while the executive power was vested in the Government of the Republic of Poland and the President of Ministers together with the ministers.
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Little 1919 Constitution and March Constitution
After the Second Polish Republic regained independence, the Small Constitution was adopted on February 20, 1919. The full power was concentrated in the hands of Józef Piłsudski, while the microconstitution also defined the democratic electoral law, which introduced a system of committee government in Poland.
However, this legal act was incomplete. Therefore, on March 17, 1921, the March Constitution was adopted. It introduced the system of a democratic republic with a parliamentary-cabinet system of government. From then on, the supreme power belonged to the nation, it was also based on the tripartite division of power.
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April constitution
The novellas introduced to the basic act of 1921 were deemed insufficient by the post-Auschwitz camp. Therefore, on April 23, 1935, the April Constitution was passed. According to its wording, the center of gravity in exercising power in Poland has been shifted from the Seym to the President. An important change was also the strengthening of the importance of the government, which became independent from the Seym.
Little Constitution of 1947
After the end of the war, preparations were made for the creation of a new Polish Constitution. Therefore, on February 19, 1947, the Small Constitution was enacted, which announced the adoption of a new fundamental act, the introduction of the tripartite division of powers and other systemic issues important to the formation of the Polish political system.
Constitution of the People's Republic of Poland
However, the party's constitutional committees in the years 1949-1951 carried out covert activities aimed at establishing the Constitution of the Polish People's Republic. It was passed in 1950 and abolished the tripartite division of power in favor of the State Council. The solutions were modeled on the Soviet principles of the uniform exercise of state power.
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Little Constitution of 1992
After the fall of the Polish People's Republic, the Polish authorities immediately started designing a new fundamental act. The protracted deadlines resulted in the decision to adopt the Small Constitution, which was signed by Lech Wałęsa on October 17, 1992. Pursuant to it, the provisions of the Constitution of the People's Republic of Poland were repealed, thus introducing provisions constituting the basis of the new political system and market economy.
The Polish Constitution of 1997
The new political configuration that took shape in 1993 accelerated the work on a new constituent act. The final Polish Constitution was adopted by the National Assembly on April 2, 1997. It was approved as a result of a referendum on May 25, 1997. It was officially signed on July 16, 1997 and it was the last fundamental act passed.
The road to the Third Republic
Many years had to pass before the Polish Constitution obtained its present shape. In the history of our homeland, many basic acts were passed, but some of them were imposed by third countries. We can be proud of the fact that, according to many authors, it was the Constitution of May 3 that was the second in the world and the first in Europe such a legal act.
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