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The Constitution of Poland: A Contextual Analysis

The Constitution of Poland: A Contextual Analysis

Author: Miroslaw Granat; Katarzyna Granat
Publisher: Hart Publishing
ISBN: 9781509952205

Published In: June 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509913947

List Price: HKD 519.87

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Contents

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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, it 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 principle of independence of courts and judges, fundamental rights and local government. The book is a vital resource for all those interested in Poland's Constitution, and the rich comparative constitutional insights the country offers.

In addition to explaining the 1997 Constitution in its political, historical, and social context, the book tackles the radical changes, in particular within the judicial branch, introduced by the new governing majority since 2015. These new regulations, constitutional in character, but without formally changing the Constitution, challenged the rule of law, a key component of membership in the European Union. Despite the negative nature of these recent developments, the anchoring of Polish constitutional law in European constitutionalism presents a source of optimism that the 1997 Constitution will regain its position as the supreme law of the state.

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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