O metodzie prac ustrojowych w II Rzeczypospolitej. Praktyka parlamentarna w procesie przekształceń konstytucyjnych
On the method of constitutional work in the Second Republic of Poland. Parliamentary practice in the process of constitutional transformation
Author(s): Maciej WojtackiSubject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: parliamentarism; constitutional history; parliamentary law; state system; research methodology; Sejm; Senat
Summary/Abstract: This study depicts the evolution of doctrine and political practice in the Second Republic of Poland in the field of the parliament’s constitutional work. The influence of the native politico-legal tradition, first of all the Constitution of 3 May, on the solutions adopted in the March Constitution has also been discussed, particularly in terms of obligatory revision of the fundamental law. Additionally, the paper mentions the process of departure from the concepts arising from the experiences of the partitioning states in favour of the republican ideas, which although not exactly identical, were nonetheless closer to the Polish political tradition, the reflection of which was the formula of extraordinary revision based on the French constitutionalism. The text also refers to the proceedings of the enactment of the April Constitution, which were inconsistent with the prevailing constitutional norms. The legitimisation of these activities was constituted by the decisions of the Marshals of both chambers of the Polish parliament, resulting from the powers conferred on them by the internal regulations of the representation. Furthermore, it was indicated that the parallel introduction into the political system of institutions created in entirely different historical and social conditions led to a crisis of the state and its structures and consequently to the systemic change, the expression of which was the new constitution in 1935.
Journal: Przegląd Sejmowy
- Issue Year: 2022
- Issue No: 1
- Page Range: 155-197
- Page Count: 43
- Language: English, Polish