System rządów w projektach Konstytucji RP Rzecznika Praw Obywatelskich Janusza Kochanowskiego
System of government in the drafts of the constitution of he Republic of Poland prepared by the commissioner for citizens' rights Jausz Kochanowski

Summary/Abstract: The three drafts of a new constitution of the Republic of Poland presented by the tragically deceased Commissioner for Citizens’ Rights included different systems of government, wherein in case of two proposals (rationalized parliamentary-cabinet system and parliamentary-cabinet system) the starting point was the system set up on the basis of the current constitution. It must be said that these both proposals, which aimed to modify the existing constitutional arrangements, could fulfill a useful role in the legislative works on the elimination of the deficiencies of the system of government established in 1997. Due to Janusz Kochanowski, the difference in the shape of the system of government in the rationalized parliamentary-cabinet system and the parliamentary-cabinet system concerned the scope of the political marginalization of the role of the President in order to create a functional system of government. Would a situation in which the head of state regimes but does not govern be the best solution? Or should the President have some influence on the current state governance? These are the main questions that arise from the Commissioner’s proposals. The situation was different with the third draft of the new Polish constitution, which required a major adjustment, because otherwise it would be difficult to implement the system of government proposed there. It would be necessary to choose one of two possibilities: a presidential system according to the American model, or one of the varieties of a presidential-parliamentary system of government. The creation of any hybrid solution would have dysfunctional character.

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