Najwyższe zwierzchnictwo Prezydenta Rzeczypospolitej Polskiej nad siłami zbrojnymi w świetle konstytucji z 2 kwietnia 1997 roku red. Michał Szewczyk
The supreme command of the President of the Republic of Poland over the armed forces as of the Constitution of 2 April 1997 ed. Michał Szewczyk
Author(s): Jerzy JaskierniaSubject(s): Constitutional Law
Published by: Kancelaria Sejmu
Keywords: President of the Republic of Poland; command of the armed forces; democratic control of the army; Poland; the United States; France; Italy
Summary/Abstract: The author discusses the important issue of the supreme command of the armed forces vested in the President of the Republic of Poland, as established by the Polish Constitution. General principles of the civil and democratic control over the armed forces are presented, the command classification, including the presidential system (the United States), the semi-presidential system (the French Republic) and the rationalized parliamentary-cabinet system (the Republic of Italy), as well as history thereof. The key element is the presentation of the President’s command of the armed forces as of the Polish Constitution and the detailed analysis of the President’s competences. Importantly, the systemic practice is also presented, referring to the period when the offi ce of the President was exercised by Aleksander Kwaśniewski, Lech Kaczyński, Bronisław Komorowski and Andrzej Duda. The author also refl ects on the relevant events from Lech Wałęsa’s presidency. A critical opinion on the legal system in this sphere and important de lege ferenda conclusions are presented — these shall be addressed not only to scientists, but most of all to representatives of state authorities.
Journal: Przegląd Sejmowy
- Issue Year: 2018
- Issue No: 5
- Page Range: 175-182
- Page Count: 8
- Language: Polish