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Constitution of the Kingdom of Poland

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(Redirected fromConstitution of Congress Poland)
Fundamental law of Congress Poland from 1815 to 1832
Part of a series on the
politics and government of Poland
Constitutions and major statutes of Poland

TheConstitution of the Kingdom of Poland (Polish:Konstytucja Królestwa Polskiego) was granted to the'Congress' Kingdom of Poland byKing of PolandAlexander I of Russia in 1815, who was obliged to issue aconstitution to the newly recreated Polish state under his domain as specified by theCongress of Vienna. It was considered among the mostliberal constitutions of its time; however, it was never fully respected by the government. It was modified during theNovember Uprising by the revolutionary government and discarded afterwards by the victorious Russian authorities in 1832.

History

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TheCongress of Vienna obliged Emperor Alexander I of Russia, in his role as King of Poland, to issue aconstitution to the newly recreated Polish state under Russian domination.[1] The new state would be one of the smallest Polish states ever, smaller than the precedingDuchy of Warsaw and much smaller than thePolish–Lithuanian Commonwealth.[2] Because it was the Congress of Vienna whichde facto created the Kingdom of Poland, it became unofficially known as theCongress Poland (Kongresówka).[2]

It was signed on November 27, 1815 by the Tsar. It was aconstitution octroyée: given by the ruler and not voted upon by aparliament.[2]

A significant contributor to the constitution was PrinceAdam Czartoryski, although the text was edited by the Emperor himself and his advisors.[3] The constitution, promisingfreedom of speech andreligious tolerance, among other freedoms, was considered to be among the mostliberal in contemporary Europe,[3] reflecting much of the thought of thePolish andRussian Enlightenments. Compared to theConstitution of the Duchy of Warsaw, the document which governed the lands that became part of the Kingdom of Poland during their time as theDuchy of Warsaw, it however prioritized the nobility (szlachta) and revoked some rights given to thePolish Jews andpeasants. It was never fully respected by the Russian authorities, and increasingly its liberal but ambiguous provisions became manipulated, avoided and violated by the government.[2][3][4][5] The parliament was supposed to have been called into session every two years, but after it became the scene of many clashes between liberal deputies and conservative government officials, it was in fact called only four times (1818, 1820, 1826, and 1830, with the last two sessions being secret). This disregard for the promised rights, among other factors, led to increasing discontent within Poland, eventually culminating in the failedNovember Uprising in 1830.[6] The constitution was modified during the uprising, and in its aftermath, the constitution was superseded on 26 February 1832 by the much more conservativeOrganic Statute of the Kingdom of Poland granted by TsarNicholas I of Russia and never actually implemented.[3][4]

Summary

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The Constitution had 165 articles in seven titles.[2]

General

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The Kingdom of Poland was aconstitutional monarchy in apersonal union with theRussian Empire, with a common foreign policy. Each Emperor of Russia was alsoKing of Poland. Theparliament,military,administration andjudiciary remained separate.

King

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The King was the head of all three branches (executive,legislative and judicial). He:

  • called, postponed and dissolved parliament (Sejm) sessions
  • confirmednamestniks,ministers,senators, high officials (nominated by the namestnik) and nominated and confirmed marshals of localsejmiks
  • his signature was needed to pass Sejm legislation into law
  • he was the only person with legislative initiative
  • he had the right to temporarily annul legislation
  • he had the right todeclare wars and sign foreign treaties

Namiestnik

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Main article:Namiestnik of Poland

Namiestnik:

  • headed the Council of State
  • headed the Administration Council
  • his decision need acountersignature of a minister
  • he nominated candidates for ministers, senators and high officials for the king
  • he nominated and confirmed lower officials.

Administration Council

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Further information:Administration Council

Composed of five ministers and other people nominated by the king, headed by namestnik, it:

  • carried out the executive and administration duties
  • prepared projects for Council of State
  • took decisions that were outside the scope of individual ministers

Council of State

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Further information:Council of State of the Kingdom of Poland

Composed of the ministers, councilors, secretary of the state, referendars and other people nominated by the king, it had the followed prerogatives:

  • preparing legislation to be accepted by the king
  • confirming the final version of legislation that was voted upon by the Sejm
  • juridical powers: the right to file charges against administrative officials as well as competence and administrative court powers
  • received reports from various commissions, and prepared reports for the king

Parliament

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Further information:Sejm of the Congress Poland

Parliament was composed of the king, theupper house (Senate) and thelower house (Chamber of Deputies or Sejm). Deputies numbering 128 were chosen for six years, with one-third of them chosen every two years. They hadlegal immunity. Voting was open to all persons of 21 years or older. Candidates for deputy had to be able to read, write and have a certain amount of wealth. Military personnel had no right to vote. Parliaments were called every two years for a period of 30 days. Sejm had the right to vote on civil, administrative and legal issues. With permission from the king, it could vote on matters related to the fiscal system and the military. It had the right to control government officials and file petitions. A Senate numbering 64 was composed of ninebishops,voivodes andcastellans and Russian "princes of the blood." It acted as the Parliament Court, had the right to control citizens' books, and similar legislative rights as the Chamber of Deputies.

References

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  1. ^Danuta Przekop, Maciej Janowski,Polish Liberal Thought Up to 1918, Central European University Press, 2004,ISBN 963-9241-18-0,Google Print, p.37
  2. ^abcdeHarold Nicolson,The Congress of Vienna: A Study in Allied Unity: 1812–1822, Grove Press, 2001,ISBN 0-8021-3744-X,Google Print, p.179 and p.180
  3. ^abcdRett R. Ludwikowski,Constitution-making in the Region of Former Soviet Dominanc, Duke University Press, 1996,ISBN 0-8223-1802-4,Google Print, p.12, 13
  4. ^ab(in Polish)konstytucja Królestwa PolskiegoArchived 2006-10-01 at theWayback MachinePWN Encyklopedia. Last accessed on 19 January 2006
  5. ^Lerski, Jerzy Jan; Lerski, George J.; Lerski, Halina T. (1996).Historical Dictionary of Poland: 966 – 1945 – Jerzy Jerzy Jan Lerski – Google Books. Bloomsbury Academic. p. 83.ISBN 9780313260070. Retrieved2013-07-22.
  6. ^Danuta Przekop, Maciej Janowski,Polish Liberal Thought Up to 1918, Central EuropeanUniversity Press, 2004,ISBN 963-9241-18-0,Google Print, p.74

External links

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