Suwerenność ludu (narodu) w Polsce – zasada ustrojowa
czy mit założycielski?
Sovereignty of the People (Nation) in Poland – Constitutional Principle or Founding Myth?
Author(s): Piotr UziębłoSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: sovereignty of the people; elections; referendum; popular initiative
Summary/Abstract: The aim of the article is to answer the question concerning the nature of the principle of the sovereignty of the people (nation). The Author considers this problem from the perspective of the ability of this collective subject of sovereignty to exercise power. The conclusions of this analysis are rather pessimistic. Indeed, a far-reaching limitation of the role of voters in the process of nominating candidates in elections is apparent. Additionally, the electoral system leads to a significant distortion of the will of the voters. Also in the sphere of participatory democracy, the role of the sovereign is limited, which is evident, for example, in the inability to bring about a bottom-up referendum, as well as the impossibility of passing laws by popular vote. There is also no indication of the period for which the state authorities are bound by the referendum result. There are significant defects in the standards of other participation mechanisms, such as: citizens’ legislative initiative, public consultations or public hearing.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 2/2023
- Issue No: 59
- Page Range: 37-51
- Page Count: 15
- Language: Polish