History and Socio-Political Conditions of Preparation of the Polish Constitutions from 1919 to 1997
The purpose of article deals with the study of history of preparation and the reasons for the adoption of the Polish Constitutions in the period from 1919 to 1997 years. Research methods: dialectical, chronological, comparative, system-structural. Main results. The article shows that the history of the preparation of the Polish Constitutions in the period from 1919 to 1997 years occurred under the conditions of constant changes of socio-political factors, which was reflected in the state system, political, economic and social relations, rights and freedoms of the population. It is proved that the history of Polish constitutionalism has evolved in a complex vector from the insignificant in volume and scientific level of the Little Constitution of 1919, which was adopted in conditions of armed confrontation with Soviet Russia, to the 1997 Constitution, which complies with European standards. The influence of the historical personality of Marshal Jozef Pilsudski was investigated, who became the sponsor of the rebirth of independent Poland on the history of the preparation and adoption of the Polish Constitutions of 1919, 1921 years and the Constitution of 1935 in which the President of the country was given dictatorial powers during the period of war. It is shown that the Constitution of 1952, which was written according to Soviet models and based on instructions received from Moscow, had to consolidate in Poland a socialist model in which the Polish United Workers Party had a leading role in society. It is shown that the collapse of the Soviet Union led to the elimination of the communist system in Poland, the rise to power of democratic forces, which resulted the adoption Constitution 1997. The peculiarity of the Constitutional process was the fact that for the first time in the history of Poland on 25th May 1997 a referendum was held regarding its adoption. The Constitution 1997 was adopted in the context of a transition from command-administrative to a democratic system of government, so its content is marked by a democratic nature that ensured the creation of private ownership of all means of production and free trade. The historical reasons of the drafting of the Polish Constitutions have undergone a complex dynamic, which is connected with political changes in the country, which is reflected in the content of the ideas, doctrinal views and Basic Laws. The practical significance of the study lies in the use of Polish historical experience in the development of event scenarios in Ukraine in order to prevent errors in modern state-making. Originality. A comprehensive study of the history of Polish constitutionalism, taking into account socio-political reasons. Article type: descriptive.
Kravchuk, M., 2014. Istoriko-pravova geneza Derzhavnogo Tribunalu: dosvid Polshi [The Historical and Legal Genesis of the State Tribunal: The Experience of Poland]. Istoriko-pravovij chasopis, no. 1(3), pp. 18–21 (in Ukrainian).
Marshalek-Kava, I., 2019. Pravovoe polozhenie Sejma Polshi v 1952–1989 godah [Legal status of the Seimas of Poland in 1952–1989]. Available at: http://mysl.kazgazeta.kz/?p=377 (дата звернення: 15.02.2019).
Patlachuk, V. N., 2016. Osnovni polozhennya Konstituciyi Polskoyi Narodnoyi Respubliki 1952 r. [The Historical and Legal Genesis of the State Tribunal. The Experience of Poland]. Naukovij visnik Uzhgorodskogo nacionalnogo universitetu. Seriya: Pravo, no. 41, pp. 289–294 (in Ukrainian).
Persak, K., 2003. Troskliwy opiekun i swiatly doradca Polski Ludowej – poprawki Jozefa Stalina do Konstytucji PRL z 22 lipca 1952 roku. In: Stola, D., and Zaremba, M., eds., 2003. PRL. Trwanie i zmiana. Warszawa, pp. 187–209.
Stawicki, R., 2011. Główny Specjalista Prawa i wolności obywatelskie w Polsce po 1918 r. w świetle rozwiązań konstytucyjnych – zarys historyczno‑prawny. Warszawa.
Szymaniak, A., 2001. Prawa obywatelskie w konstucjach z 1952 r/ I 1997 r/ analiza porownawcza. Ruch prawniczy, ekonomiczny i socjologiczny. Rok LXIII – zeszyt 3, pp. 31–48.
Tishik, B. J., 2012. Polsha: istoriya derzhavnosti i prava (Х – pochatok ХХI st.) [Poland: History of Statehood and Law (X – beginning of XXI century)]. Tutorial. Lviv: Svit.
Turchak, A., 2014. Martovskaya Konstituciya 1921 g. v Polshe: gosudarstvennoe ustrojstvo Polshi i parlamentarizm [The March 1921 Constitution in Poland: the Polish Government and Parliamentarism]. Nacionalnyj yuridicheskij zhurnal: teoriya i praktika, no. 3, pp. 65–70 (in Russian).
This work is licensed under a Creative Commons Attribution 4.0 International License.