Pojęcie „przedstawiciela Narodu” w świetle art. 4 ust. 2 Konstytucji RP z 1997 r.
The Term “Representative of the Nation” in the Light of Art. 4 Par. 2 of the Constitution of the Republic of Poland from 1997

Summary/Abstract: Explanation of the term “representative of the Nation” used in art. 4 par. 2 of the Constitution of the Republic of Poland from 1997. This term has fundamental importance for understanding of the principle of sovereignty of the nation – the basic constitutional principle, and also the essence of functioning of the Third Republic of Poland as a democratic state. The research problem and methods: The term “representative of the Nation” and the linked term “representative organ” create substantial controversies among constitutional law experts. In this article, which presents constitutional legal analysis, the legal dogmatic method will be generally used, including linguistic logical, teleological, systematic and historical methods of interpretation of the legal rules. The process of argumentation: The introductory part of the article explains in general the principle of sovereignty of the nation. Then, the opinions and views of constitutional law experts concerning the term “representative of nation” are presented. This is followed by the author’s considerations on the subject. The final part of the article includes propositions of amending the art. 4 par. 2 of the Constitution. Research results: Although the term “representative of the Nation” brings controversies among constitutional law experts, it seems that supporters of regarding the deputies and senators as the only “representatives of the Nation” and Sejm and Senate as the only “representative organs” are right. Conclusions, innovations, and recommendations: The author recommends to consider an amendment of art. 4 par. 2 of the Constitution, which would clearly express that all state authority organs should take under consideration in their activities good and interest of the sovereign Nation.

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