Prawa i Sprawiedliwości krytyka Konstytucji Rzeczypospolitej Polskiej z 1997 r.
Law and Justice’s criticism of the Constitution of the Republic of Poland of 1997

Summary/Abstract: The article refers to the position of the Law and Justice party as regards the Polish fundamental law, in force since 1997. Diagnosing the constitution, Law and Justice politicians pointed to its fl aws and provisions resulting in the systemic weakness of the state. The diagnosis comprised four problematic areas: circumstances (origin) of the passing of the Constitution of 1997, criticism of axiological foundations and systemic regulations, as well as legal systemic effects of constitutional provisions. Questioning a relevant part of Poland’s systemic achievements after 1989, Law and Justice saw the need for fundamental changes in almost all spheres of political and social life. The party’s answer to the multi-sphere state crisis was the project of the Fourth Republic of Poland, signifying a radical reconstruction of the state. The basis for the proposed changes was to be the new constitution. Law and Justice’s idea of “the good constitution” expressed the will to found a strong, independent state, which would “play the role of a depositary of values and historic heritage”. The party’s views on the Constitution of the Third Republic of Poland were in line with the broader project of building a strong state. There dominated the view that “democratic” or “liberal” values cannot serve to specify the ideological foundations of social and political order. The priority was to clearly define the anticommunist identity and to found modernization of the state on tradition.

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