Constitution of the People's Republic of Poland
Encyclopedia
The Constitution of the People's Republic of Poland (also known as July Constitution or Constitution of 1952) was passed on 22 July 1952. Created by the Polish communists in the People's Republic of Poland
, it was based on the 1936 Soviet Constitution
(also known as Stalin Constitution), and it superseded the post-war provisional Small Constitution of 1947
which, at its turn, had declared null and void the pre-war March Constitution, defined as fascist. The Russian text of the Constitution was reviewed and corrected by Stalin and later translated into Polish. It legalized the communist legislature and practices as they had been introduced to Poland with PKWN in the wake of Red Army
progress in 1944. With the revolutions of 1989
it was significantly amended between 1989 and 1992 (from 29 December 1989 it was known simply as the Constitution of the Republic of Poland) and was superseded by the new Polish constitution
on 2 April 1997.
The constitution was amended 24 times, with the most known amendment
being that of 10 February 1976. This amendment declared that Poland was a socialist country, the PZPR party was the leading force in the building of socialism and Poland was an eternal friend of the Soviet Union
. This amendment caused the protest resulting in the Letter of 59
.
The constitution broke the tradition of separation of powers
, and instead introduced the Soviet practice of dictatorship of the proletariat
. Thus the legislative branch of the government - (Polish parliament
, the Sejm
) was to have the highest power as per the 'will of the people', and it would oversee the judiciary
and executive branch of the government.
The Sejm
of the People's Republic of Poland started with 425 members, and at first the number was declared to represent 1 deputy per 60,000 citizens. However, as the population grew in 1960, that connection was dropped from the constitution stabilizing the Sejm at 460 deputies. An article in the constitution stated that deputies were responsible to the people and could be recalled by the people, although this article was never used. Instead of the Five-point electoral law
, a four-point version was used (not proportional).
Legislation was passed with majority voting. The Sejm would vote on the budget
as well as on national plans
. The Sejm deliberated in sessions, and the sessions were called by the State Council.
The Sejm would also choose a 'Prezydium' body from its members, with the marshal of the Sejm always being a member of the Zjednoczone Stronnictwo Ludowe party. During its first session the Sejm would also nominate the Prime Minister together with other ministers (Council of Ministers
) and members of the State Council. The Sejm would also choose many other government officials, including the head of The Supreme Chamber of Control
(Najwyższa Izba Kotroli, NIK), members of The State Tribunal (Trybunał Stanu) and Constitutional Tribunal
(Trybunał Konstytucjny) as well as the Ombudsman
(Rzecznik Praw Obywatelskich) (the latter three institutions were created in the 1980s).
Note that the Senate of Poland
was abolished by the Polish people's referendum, 1946
and the Sejm became the sole legislative body in Poland.
Executive power was held by the Council of Ministers and State Council. The State Council was elected on the first session of the sejm for a four-year period, and could be composed of both deputies and non-deputies; they were usually chosen from the 'party key' (with party being the Polish United Workers' Party
) although occasionally it contained non-party members. The council acted as the Head of State
(in practice usually through the President of the State Council) and thus represented the People's Republic of Poland in foreign relations
and the ratification of international treaties; the Council also had the vote in matters related to the military. It granted citizenship
and could invoke pardon
. The council had no legislative initiative, but could issue decree
s. However, they had to be confirmed by the Sejm in its next session. The council also defined the judicial interpretation
.
Note that the State Council replaced the previous Polish head of the state, president of Poland (the last one being Bolesław Bierut).
was the overseer of all other courts, which were divided into regional, voivodeship
and particular (administrative and military). In 1980, the Supreme Administrative Court
was introduced, and in 1982, the State Tribunal
(which also existed in the Second Polish Republic
), Constitutional Tribunal
and the Ombudsman
were introduced.
The most known amendment
was that of 10 February 1976. This amendment declared that Poland was a socialist country, the PZPR party was the leading force in the building of socialism and Poland was an eternal friend of the Soviet Union
. This amendment caused the protest resulting in the Letter of 59
.
Some of the biggest changes which took place with the beginning of the fall of communism in 1989 were:
(also known as Stalin Constitution) and thus served mostly as a propaganda
tool, failing to regulate the main source of power - the communist party
(Polish United Workers' Party
in the case of Poland). See also the statute of the Polish United Workers' Party
.
People's Republic of Poland
The People's Republic of Poland was the official name of Poland from 1952 to 1990. Although the Soviet Union took control of the country immediately after the liberation from Nazi Germany in 1944, the name of the state was not changed until eight years later...
, it was based on the 1936 Soviet Constitution
1936 Soviet Constitution
The 1936 Soviet constitution, adopted on December 5, 1936, and also known as the "Stalin" constitution, redesigned the government of the Soviet Union.- Basic provisions :...
(also known as Stalin Constitution), and it superseded the post-war provisional Small Constitution of 1947
Small Constitution of 1947
Small Constitution of 1947 was a temporary constitution issued by the communist-dominated Sejm of 1947-1952. It confirmed the practice of separation of powers and strengthened the Sejm. It was renewed in 1949, 1950 and 1951...
which, at its turn, had declared null and void the pre-war March Constitution, defined as fascist. The Russian text of the Constitution was reviewed and corrected by Stalin and later translated into Polish. It legalized the communist legislature and practices as they had been introduced to Poland with PKWN in the wake of Red Army
Red Army
The Workers' and Peasants' Red Army started out as the Soviet Union's revolutionary communist combat groups during the Russian Civil War of 1918-1922. It grew into the national army of the Soviet Union. By the 1930s the Red Army was among the largest armies in history.The "Red Army" name refers to...
progress in 1944. With the revolutions of 1989
Revolutions of 1989
The Revolutions of 1989 were the revolutions which overthrew the communist regimes in various Central and Eastern European countries.The events began in Poland in 1989, and continued in Hungary, East Germany, Bulgaria, Czechoslovakia and...
it was significantly amended between 1989 and 1992 (from 29 December 1989 it was known simply as the Constitution of the Republic of Poland) and was superseded by the new Polish constitution
Constitution of Poland
The current Constitution of Poland was adopted on 2 April 1997. Formally known as the Constitution of the Republic of Poland , it replaced the temporary amendments put into place in 1992 designed to reverse the effects of Communism, establishing the nation as "a democratic state ruled by law and...
on 2 April 1997.
The constitution was amended 24 times, with the most known amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
being that of 10 February 1976. This amendment declared that Poland was a socialist country, the PZPR party was the leading force in the building of socialism and Poland was an eternal friend of the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. This amendment caused the protest resulting in the Letter of 59
Letter of 59
The Letter of 59 was an open letter signed by 66 Polish intellectuals who protested against the changes of the Constitution of the People's Republic of Poland that were made by the communist party of Poland in 1975...
.
The constitution broke the tradition of separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, and instead introduced the Soviet practice of dictatorship of the proletariat
Dictatorship of the proletariat
In Marxist socio-political thought, the dictatorship of the proletariat refers to a socialist state in which the proletariat, or the working class, have control of political power. The term, coined by Joseph Weydemeyer, was adopted by the founders of Marxism, Karl Marx and Friedrich Engels, in the...
. Thus the legislative branch of the government - (Polish 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...
, the Sejm
Sejm
The 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 ....
) was to have the highest power as per the 'will of the people', and it would oversee the 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...
and executive branch of the government.
Sejm
Sejm
The 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 ....
of the People's Republic of Poland started with 425 members, and at first the number was declared to represent 1 deputy per 60,000 citizens. However, as the population grew in 1960, that connection was dropped from the constitution stabilizing the Sejm at 460 deputies. An article in the constitution stated that deputies were responsible to the people and could be recalled by the people, although this article was never used. Instead of the Five-point electoral law
Five-point electoral law
Five-point electoral law, of five-adjectives election is a concept used in Polish political science referring to the elections that are:* universal* direct* equal* proportional* anonymous - References :*...
, a four-point version was used (not proportional).
Legislation was passed with majority voting. The Sejm would vote on the budget
Budget
A budget is a financial plan and a list of all planned expenses and revenues. It is a plan for saving, borrowing and spending. A budget is an important concept in microeconomics, which uses a budget line to illustrate the trade-offs between two or more goods...
as well as on national plans
Planned economy
A planned economy is an economic system in which decisions regarding production and investment are embodied in a plan formulated by a central authority, usually by a government agency...
. The Sejm deliberated in sessions, and the sessions were called by the State Council.
The Sejm would also choose a 'Prezydium' body from its members, with the marshal of the Sejm always being a member of the Zjednoczone Stronnictwo Ludowe party. During its first session the Sejm would also nominate the Prime Minister together with other ministers (Council of Ministers
Council of Ministers of Poland
The Cabinet of Poland consists of the Prime Minister and ministers. Deputy Prime Ministers and presidents of committees specified in statutes may also be appointed to the Cabinet...
) and members of the State Council. The Sejm would also choose many other government officials, including the head of The Supreme Chamber of Control
The Supreme Chamber of Control of Poland
The Supreme Chamber of Control is the supreme audit institution and also one of the oldest state institutions in Poland, created under the Second Republic on February 7, 1919, barely 3 months after the restoration of Poland's independence. It was created on the initiative of the Head of State,...
(Najwyższa Izba Kotroli, NIK), members of The State Tribunal (Trybunał Stanu) and Constitutional Tribunal
Constitutional Tribunal of Poland
The Constitutional Tribunal of the Republic of Poland is a judicial body established to resolve disputes on the constitutionality of the activities of state institutions; its main task is to supervise the compliance of statutory law with the Constitution....
(Trybunał Konstytucjny) as well as the Ombudsman
Polish Ombudsman
The Polish Ombudsman is an independent central office of the Republic of Poland. The office was first established on January 1, 1988. Its functioning is regulated by the Constitution and an act of Polish parliament from July 15, 1987...
(Rzecznik Praw Obywatelskich) (the latter three institutions were created in the 1980s).
Note that the Senate of Poland
Senate 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...
was abolished by the Polish people's referendum, 1946
Polish people's referendum, 1946
The People's Referendum of 1946, also known as the "Three Times Yes" referendum, was a referendum held in Poland on 30 June 1946 on the authority of the State National Council...
and the Sejm became the sole legislative body in Poland.
Executive branch
Polish United Workers' Party
The Polish United Workers' Party was the Communist party which governed the People's Republic of Poland from 1948 to 1989. Ideologically it was based on the theories of Marxism-Leninism.- The Party's Program and Goals :...
) although occasionally it contained non-party members. The council acted as the Head of State
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
(in practice usually through the President of the State Council) and thus represented the People's Republic of Poland in foreign relations
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...
and the ratification of international treaties; the Council also had the vote in matters related to the military. It granted citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
and could invoke pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
. The council had no legislative initiative, but could issue decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
s. However, they had to be confirmed by the Sejm in its next session. The council also defined the judicial interpretation
Judicial interpretation
Judicial interpretation is a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation...
.
Note that the State Council replaced the previous Polish head of the state, president of Poland (the last one being Bolesław Bierut).
Judiciary
The Supreme CourtSupreme Court of Poland
The Supreme Court of the Republic of Poland supervises the adjudication in:* General courts - these are district, regional, and appeal courts. They adjudicate in the areas of civil, criminal, family and labour law....
was the overseer of all other courts, which were divided into regional, voivodeship
Voivodeship
Voivodship is a term denoting the position of, or more commonly the area administered by, a voivod. Voivodeships have existed since medieval times in Poland, Romania, Hungary, Lithuania, Latvia, Russia and Serbia....
and particular (administrative and military). In 1980, the Supreme Administrative Court
Supreme Administrative Court of Poland
The Supreme Administrative Court of the Republic of Poland is the court of last resort in administrative cases e.g. those betweens private citizens and administrative bodies...
was introduced, and in 1982, the State Tribunal
State Tribunal of Poland
The State Tribunal of the Republic of Poland is the judicial body, which rules on the constitutional liability of people holding the highest offices of state...
(which also existed in the Second Polish Republic
Second Polish Republic
The Second Polish Republic, Second Commonwealth of Poland or interwar Poland refers to Poland between the two world wars; a period in Polish history in which Poland was restored as an independent state. Officially known as the Republic of Poland or the Commonwealth of Poland , the Polish state was...
), Constitutional Tribunal
Constitutional Tribunal of Poland
The Constitutional Tribunal of the Republic of Poland is a judicial body established to resolve disputes on the constitutionality of the activities of state institutions; its main task is to supervise the compliance of statutory law with the Constitution....
and the Ombudsman
Polish Ombudsman
The Polish Ombudsman is an independent central office of the Republic of Poland. The office was first established on January 1, 1988. Its functioning is regulated by the Constitution and an act of Polish parliament from July 15, 1987...
were introduced.
Amendments
During its 45 years of service, the Constitution of the People's Republic of Poland was subject to many changes, with its text amended 24 times.The most known amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
was that of 10 February 1976. This amendment declared that Poland was a socialist country, the PZPR party was the leading force in the building of socialism and Poland was an eternal friend of the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. This amendment caused the protest resulting in the Letter of 59
Letter of 59
The Letter of 59 was an open letter signed by 66 Polish intellectuals who protested against the changes of the Constitution of the People's Republic of Poland that were made by the communist party of Poland in 1975...
.
Some of the biggest changes which took place with the beginning of the fall of communism in 1989 were:
- In April 1989, the April NovelizationApril NovelizationApril Novelization refers to the changes to the 1952 Constitution of the People's Republic of Poland, agreed in April 1989, in the aftermath of the Polish Round Table Agreement.Among key changes were:...
(nowela kwietniowa) was passed, restoring the Senate of PolandSenate of PolandThe 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...
and the office of President of Poland. The first president of Poland since 1952 would be Wojciech JaruzelskiWojciech JaruzelskiWojciech Witold Jaruzelski is a retired Polish military officer and Communist politician. He was the last Communist leader of Poland from 1981 to 1989, Prime Minister from 1981 to 1985 and the country's head of state from 1985 to 1990. He was also the last commander-in-chief of the Polish People's...
, elected in 1989. - In December 1989, the Contract SejmContract SejmContract Sejm is a term commonly applied to the Polish Parliament elected in the Polish parliamentary elections of 1989. The contract refers to an agreement reached by the Communist Party and the Solidarity movement during the Polish Round Table Agreement. The final agreement was signed on April...
changed the name of the country (from the People's Republic of Poland into the Republic of Poland) and removed references to Poland being a socialist state. - On 17 October 1992, much of the constitution was replaced by the Small Constitution of 1992Small Constitution of 1992Small Constitution of 1992 in Poland was a constitution regulating relations between legislative and executive branches of Poland, and the local self-government. It was voted by the Poland's first democratic Sejm elected in the free elections...
.
Importance
As in most other communist countries, the constitution was based on the 1936 Soviet Constitution1936 Soviet Constitution
The 1936 Soviet constitution, adopted on December 5, 1936, and also known as the "Stalin" constitution, redesigned the government of the Soviet Union.- Basic provisions :...
(also known as Stalin Constitution) and thus served mostly as a propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
tool, failing to regulate the main source of power - the communist party
Communist party
A political party described as a Communist party includes those that advocate the application of the social principles of communism through a communist form of government...
(Polish United Workers' Party
Polish United Workers' Party
The Polish United Workers' Party was the Communist party which governed the People's Republic of Poland from 1948 to 1989. Ideologically it was based on the theories of Marxism-Leninism.- The Party's Program and Goals :...
in the case of Poland). See also the statute of the Polish United Workers' Party
Polish United Workers' Party
The Polish United Workers' Party was the Communist party which governed the People's Republic of Poland from 1948 to 1989. Ideologically it was based on the theories of Marxism-Leninism.- The Party's Program and Goals :...
.