The Constitution of Poland: A Contextual Analysis

European Union Law

The Constitution of Poland: A Contextual Analysis

Edited by Miroslaw Granat · Katarzyna Granat
Hart Publishing November 2019

Specifications

ISBN-13
9781509913947
Publisher
Hart Publishing
Publication
November 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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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