constitution – Polish Freedom https://polishfreedom.pl The Legal Patch of Polish Freedom Fri, 13 May 2022 11:31:08 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://polishfreedom.pl/wp-content/uploads/2022/03/cropped-logo-32x32.png constitution – Polish Freedom https://polishfreedom.pl 32 32 March Constitution https://polishfreedom.pl/en/march-constitution/ https://polishfreedom.pl/en/march-constitution/#respond Wed, 11 May 2022 11:57:05 +0000 https://www.freedom.atractor.pl/?p=1296 Continue reading March Constitution]]> 11 November 1918 is considered the symbolic date on which Poland regained its independence. However, the process of laying down the legal foundations of the reborn state continued for a number of years. One of the main things was to draw up a constitution. As early as February 1919, the single-chamber Legislative Sejm (parliament) elected in January of that same year adopted the so-called Little Constitution which for the time being defined the basic operating principles of Poland’s state institutions.

Work on a new constitution continued. Its authors modelled it in part on the French constitutional laws of 1875. Efforts were made to ensure that the Basic Law provided a broad spectrum of civic liberties. It was also supposed to provide wide-ranging rights to the national and ethnic minorities living in the Republic of Poland.

The constitution was adopted on 17 March 1921, three days before the decisive Upper Silesia plebiscite whose outcome was to determine whether this important industrial region would go to Poland or Germany.

The adoption the March Constitution set in motion the process of electing the state authorities. In the autumn of 1922, elections to the Sejm and Senate (the upper chamber of parliament, established in line with the new constitution) took place. In December 1922, the National Assembly (both of the parliamentary chambers together) elected the first president of the Republic of Poland.

The 1921 constitution was amended in 1926. After Józef Piłsudski’s May Coup, the Sejm devalued the position of the legislative power in favour of the executive. The amended constitution remained in force until 1935, when it was substituted with a new Basic Law. In 1944, the Stalinist-imposed communist government rescinded the constitution of April 1935 and nominally recognised the March Constitution as binding, even though its democratic principles were not respected. This state of affairs was maintained until 1947.

Document in the collection of the Sejm Library / photo Museum Division of the Sejm Library
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Constitution of the Duchy of Warsaw https://polishfreedom.pl/en/constitution-of-the-duchy-of-warsaw/ https://polishfreedom.pl/en/constitution-of-the-duchy-of-warsaw/#comments Wed, 11 May 2022 10:38:07 +0000 https://www.freedom.atractor.pl/?p=1262 Continue reading Constitution of the Duchy of Warsaw]]> Emperor Napoleon Bonaparte’s victorious campaign against Prussia and Russia in 1806-1807 ended with the Treaties of Tilsit, which laid the foundations for the revival of the Polish state as a rump Duchy of Warsaw, ruled by Saxon king Fryderyk August (Frederick August I), grandson of the Polish king August III and a descendant of Jan III Sobieski (John III Sobieski) on his mother’s side.The duchy was connected by union with Saxony and depended on France to safeguard its existence against the designs of the partitioning states: Russia, Austria and Prussia. On 22 July 1807 in Dresden (the capital of Saxony), Napoleon granted the Duchy a constitution. It was modelled on French legislation and the constitutions of countries dependent on France, but it took into account the specific Polish context, while maintaining the privileged position of the Catholic Church and the nobility. Although it instituted equality before the law and gave burghers a representation in the chamber of deputies (for the first time in Polish parliamentary history), the leading role of the nobility was preserved, as seen in the proportion of 60:40 for the representatives of these estates. The abolition of personal serfdom in Article IV of the Constitution was a fundamental change, but a decree issued a few months later stated that a peasant’s movable property belonged to his lord, which maintained the advantage of the nobility over the peasants.

The Constitution introduced hereditary succession to the throne for the Saxon Wettin dynasty, in reference to the provisions of the Third of May Constitution. The Sejm was maintained as a bicameral parliament, consisting of a Senate and a Chamber of Deputies. Bishops, voivodes and castellans (titular offices by then) held seats in the Senate ex officio, just like in the pre-partition Commonwealth. As in France, the executive power was strengthened. The government consisted of ministers. A Council of State chaired by the king and consisting of ministers, a secretary and four referendaries, was also set up according to the French model. The Council was tasked with drafting laws, resolving conflicts of competence between courts, cassation jurisprudence, and bringing ministers to justice. Similarly, following the French example, the country was divided into departments and districts, headed by prefects and sub-prefects respectively.

Granting of the Constitution of the Duchy of Warsaw by Napoleon / National Museum in Warsaw
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The Constitution of the 3rd of May (the Government Statute) https://polishfreedom.pl/en/the-constitution-of-the-3rd-of-may-the-government-statute/ https://polishfreedom.pl/en/the-constitution-of-the-3rd-of-may-the-government-statute/#respond Wed, 11 May 2022 10:29:27 +0000 https://www.freedom.atractor.pl/?p=1253 Continue reading The Constitution of the 3rd of May (the Government Statute)]]> During the reign of the last king of Poland, Stanisław August Poniatowski (Stanisław II Augustus), daring attempts at internal reform were carried out in order to avert disaster for the Rzeczpospolita (Commonwealth). A promising opportunity arose with the Sejm that deliberated between 1788 and 1792, as it was a “confederated Sejm”, meaning that unanimity was replaced with majority voting. The highlight achievement of this ‘Four-Year Sejm’ (also called the ‘Great Sejm’) was the enactment of the Government Statute [Polish: Ustawa Rządowa], popularly known as the Constitution of the 3rd of May. The Constitution was drafted by Ignacy Potocki, King Stanisław August, and Father Hugo Kołłątaj, and was passed on May 3, 1791 via an extraordinary and simplified procedure that was tantamount to a coup d’état.

Composed of a preamble and eleven chapters, the Government Statute introduced a tripartite division of powers in the Polish-Lithuanian Commonwealth that consisted of a bicameral legislature (i.e., the Sejm and Senate), an executive branch (the king), and a judiciary branch. The principle of unanimity known as liberum veto was abolished in favour of resolutions being passed by majority vote. The executive power rested with a royal council (‘the Guard of the Laws’, referred to as ‘the Guardianship’ in the following English version), presided over by the king and composed of five ministers proposed by the monarch and reporting to the Sejm – namely, the Primate, the heir to the throne, the Marshal of the Sejm, and two secretaries. The long-standing institution of elective monarchy was replaced with hereditary succession of the throne in the Saxon House of Wettin. The Constitution enshrined freedom of religion, though it recognised the Roman Catholicism as the ruling religion. The privileged position of the gentry was guaranteed, whilst the rights of the bourgeoisie were confirmed as previously granted by the ‘Law on the Cities’ (burghers from royal cities enjoyed broad opportunities to enter the gentry, and were allowed to own land and hold offices).

The attempts to carry out the reforms envisioned by the Government Statute were thwarted already in mid-1792 by the Confederation of Targowica and the entry of the Russian army into the Rzeczpospolita.

The Constitution of the 3rd of May, Poland’s first modern constitution (indeed, the world’s second such, preceded only by the US Constitution), expressed the political and civic awareness of the Rzeczpospolita’s citizens that their country was facing a dire crisis. Throughout the period when Poland was partitioned (1795-1918), the Constitution of the 3rd of May symbolised the nation’s pursuit of independence. The authors of Poland’s twentieth-century constitutions drew inspiration from it, as well.

Document from the collection of the Central Archives of Historical Records
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The abolishment of torture and death penalty in witch trials https://polishfreedom.pl/en/the-abolishment-of-torture-and-death-penalty-in-witch-trials/ https://polishfreedom.pl/en/the-abolishment-of-torture-and-death-penalty-in-witch-trials/#respond Wed, 11 May 2022 10:27:36 +0000 https://www.freedom.atractor.pl/?p=1250 Continue reading The abolishment of torture and death penalty in witch trials]]> As a result of the growing belief in the existence of witches and – less often – sorcerers as those who acted against people and used the help of the Devil, many witch trials took place in Late Medieval and Early Modern Europe. The cases focused on two spheres of witches’ activity: the religious one (heresy through apostasy and acting for the Devil) and the secular one (acting against people, the so-called maleficia). As such, they were prosecuted by both church and secular authorities in both Catholic and Protestant countries. The courts in such cases were using the rules of the Roman Inquisition, seeking the truth through questions addressed to the defendant, where admitting the charges was a sufficient evidence of guilt. Because of the gravity of the threat posed by the witches, the courts were commonly using torture against the accused ones, believing that without them nobody would admit having committed such a serious crime (and no other evidence was available). The procedure was sanctioned for example by the legislation of Karol V Habsburg (Charles V) known as the Constitutio Criminalis Carolina and agreed in 1532. Making pacts with the Devil and sorcery were considered crimes in the Republic of Poland as well, but just as in other countries of the Western Europe, the Enlightenment shattered the faith in the possibility of making pacts with the Devil and using them to harm others. As a result of those trends, the Warsaw Sejm passed a constitution (an act) in 1776 that abolished both the use of torture during interrogations (in all cases) and the death penalty itself in witch trials. The change was a part of a greater reform meant to improve the Polish-Lithuanian judicial system.

Document from the collection of Jagiellonian Library
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Nihil novi constitution https://polishfreedom.pl/en/nihil-novi-constitution/ https://polishfreedom.pl/en/nihil-novi-constitution/#respond Wed, 11 May 2022 10:00:56 +0000 https://www.freedom.atractor.pl/?p=1210 Continue reading Nihil novi constitution]]> The Nihil novi Constitution was adopted by the General Sejm (parliament) convened in the city of Radom in 1505. Its passage entailed one of the stages in the conflict between the magnates of the royal council and the representation of the szlachta (gentry) gathered in the Chamber of Deputies – i.e., the lower house of the parliament – whose impact on the political system of the state was then increasing. An attempt at restricting the deputies’ influence on the state system had been made by means of the October 30, 1501 “Union of Mielnik”, which marginalized the significance of the Chamber of Deputies in the bicameral Sejm. The gentry responded first by invalidating the deed, and thereafter by enacting a constitution in 1504 that interdicted the alienation of royal estates to magnates (in Poland-Lithuania, ‘constitutions’ were equivalent to parliamentary acts or laws). The Nihil novi Constitution is what then followed.

Nihil novi rendered the “Union of Mielnik” null-and-void in its entirety and strictly limited the legislative competences of the monarch and the Senate, banning the issuance of laws without the consent of the senators and gentrymen represented in the Chamber of Deputies. The thrust of Nihil novi was essentially to reinforce the position of the bicameral parliament in the political system of the Polish-Lithuanian Rzeczpospolita (Commonwealth). In so doing, the parliament, and particularly its Chamber of Deputies, attained the position of highest authority in the state. The functioning of the Sejm was henceforth to be based on smooth co-operation between the king, the royal council – i.e. the Senate – and the deputies elected locally or regionally to the Chamber of Deputies.

Constitutional and legal historians recognize Nihil novi as marking the beginning of the ‘nobles’ democracy’ (or, democracy of the nobility) in the Polish-Lithuanian Rzeczpospolita.

From the collection of the Central Archives of Historical Records
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