System of Government in the Drafts of and Proposals for Amendment of the Constitution of the Republic of Poland Cover Image

System rządów w projektach i propozycjach zmiany Konstytucji RP
System of Government in the Drafts of and Proposals for Amendment of the Constitution of the Republic of Poland

Author(s): Jarosław Szymanek
Subject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: system of government; amendment of constitution; draft; proposal; parliamentary system; presidential system

Summary/Abstract: The article presents the drafts (actually before parliament) and proposals (i.e. loose policy statements and ideas which have not reached the form of constitutional initiative) for amendment of the existing Constitution of 1997. The system of government, understood as a tripartite system of relations between the Government, Parliament and President was one the most frequently discussed constitutional issue for which the need had been advocated not only for review but, sometimes, even fora radical change in the existing constitutional regulation. It should, however, be noted that in the constitutional dimension the system of government has not generated serious disruption or conflicts. Even if some dysfunctions have been revealed, they were the result of political and especially personality rather than formal factors. The need to change the system of government were proclaimed by political parties. Most of the proposals promoted the idea of eclectic parliamentary system with an enhanced role of President. Already this indicates that the possible success of these proposals could generate even more serious conflicts, especially in the executive branch than the ones involving the current practice. Other proposals went even further, trying to implement a presidential system, but in inconsistent (and, therefore, dangerous) form. It seems that the flaw of all these proposals was their heavily eclectic and reckless nature, and that their real intent was not to change the constitution, but rather to demonstrate a different program by various political parties. The best proof of this is the fact that most of them did not become the subject of formal work to change the constitution and are recognized as entirely political and partisan documents.

  • Issue Year: 2015
  • Issue No: 5
  • Page Range: 55-82
  • Page Count: 28
  • Language: Polish
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