The Constitution of Poland: A Contextual Analysis

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The Constitution of Poland: A Contextual Analysis

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This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, regulates a number of issues, such as public finances and sources of law, that are new to Polish constitutionalism and to constitutionalism in general.

It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principles of independence and impartiality of the judiciary, fundamental rights and local government. Offering a contextual analysis, the book discusses the main philosophical ideas and value systems that influenced the drafters of the Constitution in the early 1990s.

The authors argue that the value choices made reflect a compromise between the main political forces of the period. For instance, the Constitution invokes and balances multiple political, social and historic values, such that none is minimalized or excluded. This inclusive approach is especially visible in the preamble to the Constitution. Moreover the broad, modern catalogue of freedoms and rights in the Constitution reflect similar axiological concerns, anchoring human rights in the concept of human dignity. It is a vital resource for all those interested in Poland's constitution, and the rich comparative constitutional insights the country offers.

1. Polish Constitutional History and Tradition

I. Introduction

II. Independence and Republicanism

III. Democratic Tradition

IV. Freedom in Polish Constitutionalism

V. The Evolution of Human Rights in Poland

VI. The Development – and Crisis – of Constitutional Review

VII. Conclusion

2. The Fundamental Principles of the Polish Constitution

I. Introduction

II. Key Principles of the Polish Constitution

III. Sources of Law

IV. The Functioning of the Constitution without a Formal Amendment

V. Conclusion

3. Parliament

I. Introduction

II. The Electoral System and the Composition of Parliament

III. The Impact of Political Parties on the Parliament

IV. The Functioning of Parliament in the Presence of Majority Governments and Weak Bicameralism

V. The Parliament and European Integration

VI. The Future of Poland's Second Chamber

VII. Conclusion

4. The Executive

I. Introduction

II. The President

III. The Council of Ministers and Government Administration

IV. Conclusion

5. Judicial Power

I. Introduction

II. The Constitutional Structure of the Polish Courts

III. Independent Courts and Independent Judges as the Backbone of Judicial Power

IV. National Judges as EU Judges

V. Conclusion

6. Constitutional Review and Constitutional Accountability

I. Introduction

II. The Constitutional Court

III. Constitutional Accountability (Tribunal of State)

IV. Conclusion

7. Local Governance

I. Between a Civil Society and a Political State

II. Citizens as the Beneficiaries of Local Self-Government

III. Self-Government and Government Administration at the Local Level

IV. Difficulties in Oversight of Local Self-Government

V. Local Self-Government in the EU

VI. Conclusion

8. Constitutional Freedoms and Rights

I. Introduction

II. Three Bills of Rights

III. General Principles of Human Rights in Poland

IV. The Limited Scope of Individual Obligations

V. The Mechanisms of Protection of Fundamental Rights

VI. Conclusion

9. Facing the Future

I. Introduction

II. The Constitution in Action

III. The EU's Response to the Judicial Crisis

IV. Constitutional Amendment Proposals under Discussion

V. The Role of Constitutional Identity in the Battle for the Constitution

VI. Conclusion

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