| Constitution of the Republic of Poland | |
|---|---|
 A copy of the Constitution signed by candidates after the debate of 2 July, before the2010 Polish presidential election, exhibited in theSejm | |
| Overview | |
| Jurisdiction | Poland |
| Ratified | 2 April 1997 |
| Date effective | 17 October 1997 |
| System | Unitaryparliamentaryconstitutionalrepresentative democraticrepublic |
| Government structure | |
| Branches | 3 |
| Head of state | President |
| Chambers | |
| Executive |
|
| Judiciary | |
| Federalism | Unitary |
| Electoral college | No |
| Last amended | 21 October 2009 |
| Author(s) | Komisja Konstytucyjna Zgromadzenia Narodowego |
| Signatories | Aleksander Kwaśniewski |
| Supersedes | Small Constitution of 1992 |
| Full text | |
 Constitution of the Republic of Poland atWikisource | |
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Related topics |
TheConstitution of the Republic of Poland[1] (Polish:Konstytucja Rzeczypospolitej Polskiej orKonstytucja RP for short) is thesupreme law of theRepublic of Poland, which is also commonly called theThird Polish Republic (Polish:III Rzeczpospolita orIII RP for short) in contrast with the preceding systems.
The current constitution was ratified on 2 April 1997. The Constitution is also commonly referred to as the 1997 Constitution. It replaced theSmall Constitution of 1992, a revision of the1952 Constitution of the Polish People's Republic. It was adopted by theNational Assembly of Poland on 2 April 1997, approved by a nationalreferendum on 25 May 1997, promulgated by the President of the Republic on 16 July 1997, and came into force on 17 October 1997.
Poland (and its predecessor states) have had numerous constitutions throughout history; the 1505Nihil novi was one of the first European constitutional acts. Historically, the most significant is theConstitution of 3 May 1791.[2]
The five years after 1992 were spent in dialogue about the new character of Poland. The nation had changed significantly since 1952 when theConstitution of the Polish People's Republic was instituted. A new consensus was needed on how to acknowledge the awkward parts ofPolish history; the transformation from aone-party system into amulti-party one and fromsocialism towards afree marketeconomic system; and the rise ofpluralism alongside Poland's historicallyRoman Catholicculture.
The attitude toward the past was articulated in the preamble, in which the citizens of Poland established a Republic"Recalling the best traditions of theFirst and theSecond Republic, Obliged to bequeath to future generations all that is valuable from our over one thousand years' heritage ... Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland, ...".
Many articles were written explicitly to rectify the wrongs of previous governments. Article 21 protects the rights of ownership and inheritance, but the post-World War IIPKWN-decreed and implementedland reform was not invalidated. Article 23 thus established thefamily farm as the basis of theagricultural economy. Article 74 requires public officials to pursue ecologically sound public policy. Articles 39 and 40 prohibit the practices of forced medical experimentation, forbiddingtorture andcorporal punishment, while Articles 50 and 59 acknowledge the inviolability of the home, the right to formtrade unions, and tostrike.
Those involved in drafting the document were not interested in creating ade facto Catholic Poland. That said, nods were given in the direction of thechurch, to the effect of protecting common morality. For example, in Article 18,marriage is granted the protection of the state, and in Article 53,freedom of religion,religious education, and religious upbringing are protected.
The preamble emphasizes freedom of religion or disbelief:"We, the Polish Nation – all citizens of the Republic, Both those who believe in God as the source of truth, justice, good and beauty, As well as those not sharing such faith but respecting thoseuniversal values as arising from other sources...". Article 25 provides further protection, that public officials"shall be impartial in matters of personal conviction, whether religious or philosophical, or in relation to outlooks on life, and shall ensure theirfreedom of expression within public life."
Other aspects include the affirmation of the political equality of man and woman in Article 33, and the affirmation of freedom ofethnic minorities to advance and develop their culture, in Article 35.
Having regard for the existence and future of our Homeland,
Which recovered, in 1989, the possibility of a sovereign and democratic determination of its fate,
We, the Polish Nation – all citizens of theRepublic,
Both those who believe in God as the source of truth, justice, good and beauty,
As well as those not sharing such faith but respecting those universal values as arising from other sources,
Equal in rights and obligations towards the common good – Poland,
Beholden to our ancestors for their labors, their struggle for independence achieved at great sacrifice, for our culture rooted in the Christian heritage of the Nation and in universal human values,
Recalling the best traditions of theFirst and theSecond Republic,
Obliged to bequeath to future generations all that is valuable from our over one thousand years' heritage,
Bound in community with ourcompatriots dispersed throughout the world,
Aware of the need for cooperation with all countries for the good of the Human Family,
Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland,
Desiring to guarantee the rights of the citizens for all time, and to ensure diligence and efficiency in the work of public bodies,
Recognizing our responsibility before God or our own consciences,
Hereby establish this Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsidiarity in the strengthening the powers of citizens and their communities.We call upon all those who will apply this Constitution for the good of the Third Republic to do so paying respect to the inherent dignity of the person, his or her right to freedom, the obligation of solidarity with others, and respect for these principles as the unshakeable foundation of the Republic of Poland.
![Stefan Wilkanowicz developed the preamble[3]](/mt/?noimg=&dark=on&url=http%3a%2f%2fen.wikipedia.org%2fwiki%2fFile%3a2008.06.22._Stefan_Wilkanowicz_Fot_Mariusz_Kubik_02.JPG)
The first major privilege was granted inKošice byLouis Andegavin on 17 September 1374. In order to guarantee the Polish throne for his daughterJadwiga, he agreed to abolish all but one tax theszlachta was required to pay. TheKoszyce Privilege also forbade the king to grant official posts and major Polish castles to foreign knights, and obliged him to pay indemnities to nobles injured or taken captive during a war outside Polish borders.
The privileges granted byLadislaus II at Brześć Kujawski (25 April 1425), Jedlnia (4 March 1430) andKraków (9 January 1433) introduced or confirmed the rule known asNeminem captivabimus nisi iure victum[4] which prevented a noble from being arrested unless found guilty. On 2 May 1447, the same king issued theWilno Privilege which gave theLithuanianboyars the same rights as those possessed by the Polishszlachta.
In September and October 1454,Casimir IV granted theCerkwica and Nieszawa Privileges which forbade the king to set new taxes, laws or draft nobles for war unless he had the consent of local diets (sejmiki). These privileges were demanded by theszlachta as a compensation for their participation in theThirteen Years' War. As a compensation for the unsuccessful incursion onMoldavia which had decimated theszlachta,John Albert granted thePiotrków Privilege on 26 April 1496 which prohibitedserfs from leaving their owners' land, and banned city dwellers from buying land.
In the spring of 1505 kingAlexander signed a bill adopted by theDiet ofRadom known asNihil novi nisi commune consensu ("Nothing new without a common agreement"). TheNihil novi act transferred legislative power from the king to the Diet (Sejm), or Polish parliament. This date marked the beginning of the FirstRzeczpospolita, the period of aszlachta-run "republic".
Until the death ofSigismund Augustus, the last king of theJagiellonian dynasty, monarchs could only be elected from within the royal family. However, starting from 1573, practically any Polish noble or foreigner of royal blood could become aPolish–Lithuanian monarch. Every newly elected king was required sign two documents – thePacta conventa ("agreed pacts") – a confirmation of the king's pre-election promises, andHenrican articles (artykuły henrykowskie, named after the first freely elected king,Henry of Valois). The latter document served as a virtual Polish constitution and contained the basic laws of the Commonwealth:
In the 18th century, the introduction ofCardinal Laws in 1768 was an important step towards codifying the existing Polish law.
ThePolish Constitution of 3 May 1791 (Polish:Konstytucja Trzeciego Maja) is called the first constitution in Europe by historianNorman Davies.[5] It was instituted by theGovernment Act (Polish:Ustawa rządowa) adopted on that date by theSejm (parliament) of thePolish–Lithuanian Commonwealth. It was designed to redress long-standing political defects of thefederative Polish–Lithuanian Commonwealth and itsGolden Liberty. The Constitution introduced political equality betweentownspeople andnobility (szlachta) and placed thepeasants under the protection of the government,[1] thus mitigating the worst abuses ofserfdom. The Constitution abolished pernicious parliamentary institutions such as theliberum veto, which at one time had placed thesejm at the mercy of any deputy who might choose, or bebribed by an interest or foreign power, to undo all thelegislation that had been passed by that sejm. The May 3rd Constitution sought to supplant the existing anarchy fostered by some of the country'sreactionarymagnats, with a moreegalitarian anddemocraticconstitutional monarchy.
The adoption of the May 3rd Constitution provoked the active hostility of the Polish Commonwealth's neighbors. In theWar in Defense of the Constitution (1792), Poland was betrayed by itsPrussian allyFrederick William II and defeated by theImperial Russia ofCatherine the Great, allied with theTargowica Confederation, a cabal of Polish magnates who opposed reforms that might weaken their influence. Despite the defeat, and the subsequentSecond Partition of Poland, the May 3rd Constitution influenced laterdemocratic movements in the world. Ultimately, Prussia, Austria and Russia partitioned Poland in 1795. It remained, after the demise of the Polish Kingdom in 1795, over the next 123 years ofPolish partitions, a beacon in the struggle to restore Polish sovereignty. In the words of two of its co-authors,Ignacy Potocki andHugo Kołłątaj, it was "the last will and testament of the expiring Fatherland."
_-_MNK_XII-A-613_-_National_Museum_Krak%25C3%25B3w.jpg)
TheSecond Polish Republic had three constitutions.[10] They were, in historical order:
TheManifesto of thePolish Committee of National Liberation condemned the April Constitution of 1935 as "unlawful and fascist" and stated that the March Constitution of 1921 would be the Polish constitution until a new one could be written. The new constitution was theSmall Constitution of 1947, later succeeded by theConstitution of the Polish People's Republic in 1952.[14][15][16][17]
Prior to the current 1997 Constitution, the country was governed by theSmall Constitution of 1992, which amended the main articles of the Constitution of thePolish People's Republic and formed the legal basis of the Polish State between 1992 and 1997.[18]
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