Problematyka zasady podziału władz w projektach i propozycjach zmian w Konstytucji RP (1997–2013)
The principle of the division of powers in drafts and proposals to amend the constitution of the Republic of Poland (1997-2013)

Summary/Abstract: The principle of the division of powers expressed in Art. 10 of the Constitution of 1997,can be considered as the subject of the drafts and proposals to amend the currant Constitution. At the same time there is a vast difference between these drafts and proposals. However, among the drafts formally submitted to the parliament, there is none which would propose direct changes to Art. 10.A different situation applies to changes proposed to the constitution in force, which did not have the form of formal drafts. Some of them included amendments in matters regulated in Art. 10 of the Constitution, which generally concerned two issues - one relating to the legislature and the other one relating to the executive. As far as the legislatures concerned, the proposals provided for the resignation of bicameralism - the abolition of the Senate and return to the unicameral parliament.When it comes to the executive power, the proposals concerned the institution of the president of the Republic of Poland. Particularly, they aimed to replace the dual executive power by a monastic approach, where the executive power is exercised only by the Council of Ministers. Due to these proposals the president of the republic would not only cease to be a part of the executive power, but his political position would be outside the three traditional powers. A definitely different concept was expressed in the proposal of the United Poland published in May 2013, which expressed the political empowerment and the increase of competences of the head of state.

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