Constitution of the Kingdom of Poland
Encyclopedia
The Constitution of the Kingdom of Poland was granted to the 'Congress' Kingdom of Poland
by the King of Poland, Alexander I of Russia
, who was obliged to issue a constitution
to the newly recreated Polish state under his domain as specified by the Congress of Vienna
. It was considered among the most liberal
constitutions of its time; however, it was never fully respected by the government. It was modified during the November Uprising
by the revolutionary government and discarded afterwards by the victorious Russian authorities.
obliged Emperor Alexander I of Russia, in his role as King of Poland, to issue a constitution
to the newly recreated Polish state under Russian domination. The new state would be one of the smallest Polish states ever, smaller than the preceding Duchy of Warsaw
and much smaller than the Polish-Lithuanian Commonwealth
. Because it was the Congress of Vienna which de facto created the Kingdom of Poland, it became unofficially known as the Congress Poland
(Kongresówka).
It was signed on November 27, 1815 by the tsar. It was a constitution octroyée: given by the ruler and not voted upon by a parliament
.
A significant contributor to the constitution was Prince Adam Czartoryski
, although the text was edited by the Emperor himself and his advisors. The constitution, promising freedom of speech
and religious tolerance, among other freedoms, was considered to be among the most liberal
in contemporary Europe, reflecting much of the thought of the Polish and Russian Enlightenment
s. Compared to the Constitution of the Duchy of Warsaw
, the document which governed the lands that became part of the Kingdom of Poland during their time as the Duchy of Warsaw
, it however prioritized the nobility (szlachta
) and revoked some rights given to the Polish Jews and peasant
s. It was never fully respected by the Russian authorities, and increasingly its liberal but ambiguous provisions became manipulated, avoided and violated by the government. The parliament was supposed to have been called into session every two years, but after it became the scene of many clashes between liberal deputies and conservative government officials, it was in fact called only four times (1818, 1820, 1826, and 1830, with the last two sessions being secret). This disregard for the promised rights, among other factors, led to increasing discontent within Poland, eventually culminating in the failed November Uprising
in 1830. The constitution was modified during the uprising, and in its aftermath, the constitution was superseded on 26 February 1832 by the much more conservative Organic Statute of the Kingdom of Poland
granted by tsar Nicholas I of Russia
and never actually implemented.
in a real union
with the Russian Empire
. Each Emperor of Russia was also King of Poland (as in a personal union
); however, the foreign policy
was common (in reality, decided in Saint Petersburg
). The parliament
, military
, administration
and judiciary
were separate (unlike in a political union
).
, legislative and judicial). He:
(Senate) and the lower house (Chamber of Deputies or Sejm). Deputies numbering 128 were chosen for 6 years, with ⅓ of them chosen every 2 years. They had legal immunity
. Voting was open to all persons of 21 years or older. Candidates for deputy had to be able to read, write and have a certain amount of wealth. Military personnel had no right to vote. Parliaments were called every 2 years for a period of 30 days. Sejm had the right to vote on civil, administrative and legal issues. With permission from the king, it could vote on matters related to the fiscal system and the military. It had the right to control government officials and file petitions. A Senate numbering 64 was composed of 9 bishop
s, voivodes and castellan
s and Russian 'princes of the blood'. It acted as the Parliament Court, had the right to control citizens' books, and similar legislative rights as the Chamber of Deputies.
Text of the constitution
Congress Poland
The Kingdom of Poland , informally known as Congress Poland , created in 1815 by the Congress of Vienna, was a personal union of the Russian parcel of Poland with the Russian Empire...
by the King of Poland, Alexander I of Russia
Alexander I of Russia
Alexander I of Russia , served as Emperor of Russia from 23 March 1801 to 1 December 1825 and the first Russian King of Poland from 1815 to 1825. He was also the first Russian Grand Duke of Finland and Lithuania....
, who was obliged to issue a constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
to the newly recreated Polish state under his domain as specified by the Congress of Vienna
Congress of Vienna
The Congress of Vienna was a conference of ambassadors of European states chaired by Klemens Wenzel von Metternich, and held in Vienna from September, 1814 to June, 1815. The objective of the Congress was to settle the many issues arising from the French Revolutionary Wars, the Napoleonic Wars,...
. It was considered among the most liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
constitutions of its time; however, it was never fully respected by the government. It was modified during the November Uprising
November Uprising
The November Uprising , Polish–Russian War 1830–31 also known as the Cadet Revolution, was an armed rebellion in the heartland of partitioned Poland against the Russian Empire. The uprising began on 29 November 1830 in Warsaw when the young Polish officers from the local Army of the Congress...
by the revolutionary government and discarded afterwards by the victorious Russian authorities.
History
The Congress of ViennaCongress of Vienna
The Congress of Vienna was a conference of ambassadors of European states chaired by Klemens Wenzel von Metternich, and held in Vienna from September, 1814 to June, 1815. The objective of the Congress was to settle the many issues arising from the French Revolutionary Wars, the Napoleonic Wars,...
obliged Emperor Alexander I of Russia, in his role as King of Poland, to issue a constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
to the newly recreated Polish state under Russian domination. The new state would be one of the smallest Polish states ever, smaller than the preceding Duchy of Warsaw
Duchy of Warsaw
The Duchy of Warsaw was a Polish state established by Napoleon I in 1807 from the Polish lands ceded by the Kingdom of Prussia under the terms of the Treaties of Tilsit. The duchy was held in personal union by one of Napoleon's allies, King Frederick Augustus I of Saxony...
and much smaller than the Polish-Lithuanian Commonwealth
Polish-Lithuanian Commonwealth
The Polish–Lithuanian Commonwealth was a dualistic state of Poland and Lithuania ruled by a common monarch. It was the largest and one of the most populous countries of 16th- and 17th‑century Europe with some and a multi-ethnic population of 11 million at its peak in the early 17th century...
. Because it was the Congress of Vienna which de facto created the Kingdom of Poland, it became unofficially known as the Congress Poland
Congress Poland
The Kingdom of Poland , informally known as Congress Poland , created in 1815 by the Congress of Vienna, was a personal union of the Russian parcel of Poland with the Russian Empire...
(Kongresówka).
It was signed on November 27, 1815 by the tsar. It was a constitution octroyée: given by the ruler and not voted upon by a parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
.
A significant contributor to the constitution was Prince Adam Czartoryski
Adam Jerzy Czartoryski
Prince Adam Jerzy Czartoryski was a Polish-Lithuanian noble, statesman and author. He was the son of Prince Adam Kazimierz Czartoryski and Izabela Fleming....
, although the text was edited by the Emperor himself and his advisors. The constitution, promising freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and religious tolerance, among other freedoms, was considered to be among the most liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
in contemporary Europe, reflecting much of the thought of the Polish and Russian Enlightenment
Russian Enlightenment
The Russian Age of Enlightenment was a period in the eighteenth century in which the government began to actively encourage the proliferation of arts and sciences. This time gave birth to the first Russian university, library, theatre, public museum, and relatively independent press...
s. Compared to the Constitution of the Duchy of Warsaw
Constitution of the Duchy of Warsaw
Constitution of the Duchy of Warsaw was passed by Napoleon on 22 July 1807 in Dresden. Together with the Napoleonic code it was a significant reform of the Polish law and government in the new Duchy of Warsaw. The constitution provided for a bicameral Sejm and for a Council of Ministers...
, the document which governed the lands that became part of the Kingdom of Poland during their time as the Duchy of Warsaw
Duchy of Warsaw
The Duchy of Warsaw was a Polish state established by Napoleon I in 1807 from the Polish lands ceded by the Kingdom of Prussia under the terms of the Treaties of Tilsit. The duchy was held in personal union by one of Napoleon's allies, King Frederick Augustus I of Saxony...
, it however prioritized the nobility (szlachta
Szlachta
The szlachta was a legally privileged noble class with origins in the Kingdom of Poland. It gained considerable institutional privileges during the 1333-1370 reign of Casimir the Great. In 1413, following a series of tentative personal unions between the Grand Duchy of Lithuania and the Kingdom of...
) and revoked some rights given to the Polish Jews and peasant
Peasant
A peasant is an agricultural worker who generally tend to be poor and homeless-Etymology:The word is derived from 15th century French païsant meaning one from the pays, or countryside, ultimately from the Latin pagus, or outlying administrative district.- Position in society :Peasants typically...
s. It was never fully respected by the Russian authorities, and increasingly its liberal but ambiguous provisions became manipulated, avoided and violated by the government. The parliament was supposed to have been called into session every two years, but after it became the scene of many clashes between liberal deputies and conservative government officials, it was in fact called only four times (1818, 1820, 1826, and 1830, with the last two sessions being secret). This disregard for the promised rights, among other factors, led to increasing discontent within Poland, eventually culminating in the failed November Uprising
November Uprising
The November Uprising , Polish–Russian War 1830–31 also known as the Cadet Revolution, was an armed rebellion in the heartland of partitioned Poland against the Russian Empire. The uprising began on 29 November 1830 in Warsaw when the young Polish officers from the local Army of the Congress...
in 1830. The constitution was modified during the uprising, and in its aftermath, the constitution was superseded on 26 February 1832 by the much more conservative Organic Statute of the Kingdom of Poland
Organic Statute of the Kingdom of Poland
The Organic Statute of the Kingdom of Poland was a quasi-constitution replacing the Constitution of the Kingdom of Poland in the aftermath of the November Uprising in 1832....
granted by tsar Nicholas I of Russia
Nicholas I of Russia
Nicholas I , was the Emperor of Russia from 1825 until 1855, known as one of the most reactionary of the Russian monarchs. On the eve of his death, the Russian Empire reached its historical zenith spanning over 20 million square kilometers...
and never actually implemented.
General
The Kingdom of Poland was a constitutional monarchyConstitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
in a real union
Real union
Real union is a union of two or more states, which share some state institutions as in contrast to personal unions; however they are not as unified as states in a political union...
with the Russian Empire
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
. Each Emperor of Russia was also King of Poland (as in a personal union
Personal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
); however, the foreign policy
Foreign policy
A country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries...
was common (in reality, decided in Saint Petersburg
Saint Petersburg
Saint Petersburg is a city and a federal subject of Russia located on the Neva River at the head of the Gulf of Finland on the Baltic Sea...
). The parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
, military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
, administration
Administration (government)
The term administration, as used in the context of government, differs according to jurisdiction.-United States:In United States usage, the term refers to the executive branch under a specific president , for example: the "Barack Obama administration." It can also mean an executive branch agency...
and judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
were separate (unlike in a political union
Political union
A political union is a type of state which is composed of or created out of smaller states. Unlike a personal union, the individual states share a common government and the union is recognized internationally as a single political entity...
).
King
The King was the head of all three branches (executiveExecutive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, legislative and judicial). He:
- called, postponed and dissolved parliament (SejmSejmThe Sejm is the lower house of the Polish parliament. The Sejm is made up of 460 deputies, or Poseł in Polish . It is elected by universal ballot and is presided over by a speaker called the Marshal of the Sejm ....
) sessions - confirmed namestniks, ministerMinister (government)A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
s, senators, high officials (nominated by the namestnik) and nominated and confirmed marshals of local sejmikSejmikA sejmik was a regional assembly in the Polish–Lithuanian Commonwealth, and earlier in the Kingdom of Poland. Sejmiks existed until the end of the Commonwealth in 1795 following the partitions of the Commonwealth...
s - his signature was needed to pass Sejm legislation into law
- he was the only person with legislative initiative
- he had the right to temporarily annul legislation
- he had the right to declare wars and sign foreign treaties
Namestnik
Namestnik:- headed the Council of State
- headed the Administration Council
- his decision need a countersignature of a minister
- he nominated candidates for ministers, senators and high officials for the king
- he nominated and confirmed lower officials.
Administration Council
Composed of 5 ministers and other people nominated by the king, headed by namestnik, it:- carried out the executive and administration duties
- prepared projects for Council of State
- took decisions that were outside the scope of individual ministers
Council of State
Composed of the ministers, councilors, secretary of the state, referendars and other people nominated by the king, it had the followed prerogatives:- preparing legislation to be accepted by the king
- confirming the final version of legislation that was voted upon by the Sejm
- juridical powers: the right to file charges against administrative officials as well as competence and administrative court powers
- received reports from various commissions, and prepared reports for the king
Parliament
Parliament was composed of the king, the upper houseSenate of Poland
The Senate is the upper house of the Polish parliament, the lower house being the 'Sejm'. The history of the Polish Senate is rich in tradition and stretches back over 500 years, it was one of the first constituent bodies of a bicameral parliament in Europe and existed without hiatus until the...
(Senate) and the lower house (Chamber of Deputies or Sejm). Deputies numbering 128 were chosen for 6 years, with ⅓ of them chosen every 2 years. They had legal immunity
Parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself...
. Voting was open to all persons of 21 years or older. Candidates for deputy had to be able to read, write and have a certain amount of wealth. Military personnel had no right to vote. Parliaments were called every 2 years for a period of 30 days. Sejm had the right to vote on civil, administrative and legal issues. With permission from the king, it could vote on matters related to the fiscal system and the military. It had the right to control government officials and file petitions. A Senate numbering 64 was composed of 9 bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s, voivodes and castellan
Castellan
A castellan was the governor or captain of a castle. The word stems from the Latin Castellanus, derived from castellum "castle". Also known as a constable.-Duties:...
s and Russian 'princes of the blood'. It acted as the Parliament Court, had the right to control citizens' books, and similar legislative rights as the Chamber of Deputies.
External links
Konstytucja Królestwa Polskiego on the official page of Polish Sejm Konstytucja Królestwa Polskiego 1815, WIEM EncyklopediaWIEM Encyklopedia
WIEM Encyklopedia is a Polish Internet encyclopedia....
Text of the constitution