User:Kpalion/Polish constitutions
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Poland has had numerous consitutional acts during its history. Historically most significant is probably the May Constitution adopted in 1791, the first modern constitution in Europe. The present-day Polish constitution was adopted in 1997. This article presents these and other Polish constitutional acts in chronological order.
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Nobles' Democracy
Prior to 1791 Poland did not have a single constitution. However, it did have a number of laws which defined the Polish system of government and thus may be described as constitutional. The earliest such acts were so-called privileges granted by kings to the Polish nobility, known as szlachta. These subsequent privileges would gradually strengthen the power of the szlachta and erode that of the monarch.
The first major privilege was granted at Kassa (present-day Koice) by Louis Andegavin on September 17, 1374. In order to guarantee the Polish throne for his daughter Hedwig, he agreed to abolish all but one tax the szlachta was supposed to pay. The Koszyce Privilege also forbade the king to grant official posts and major Polish castles to foreign knights, and obliged him to pay indemnities to nobles injured or taken captive during a war outside Polish borders.
The privileges granted by Ladislaus II at Brześć Kujawski (April 25, 1425), Jedlnia (March 4, 1430) and Kraków (January 9, 1433) introduced or confirmed the rule known as Neminem captivabimus nisi iure victum which prevented a noble from being arrested unless found guilty. On May 2, 1447 the same king issued the Wilno Privilege which gave the Lithuanian boyars the same rights as those possessed by the Polish szlachta.
In September and October of 1454 Casimir IV granted the Cerkwica and Nieszawa Privileges which forbade the king to set new taxes, laws or draft nobles for war unless he had the consent of local diets (sejmiki). These privileges were demanded by the szlachta as a compensation for their participation in the Thirteen Years' War. As a compensation for the unsuccessful incursion on Moldavia which had decimated the szlachta, John Albert granted the Piotrków Privilege on April 26, 1496 which prohibited serfs from leaving their owners' land, and banned city dwellers from buying land.
In the spring of 1505 king Alexander signed a bill adopted by the Diet of Radom known as Nihil novi nisi commune consensu ("Nothing new without a common agreement"). The Nihil novi act transferred legislative power from the king to the Diet (Sejm), or Polish parliament. This date marked the beginning of the First Rzeczpospolita, the period of a szlachta-run "republic".
Until the death of Sigismund Augustus, the last king of the Jagiellonian dynasty, monarchs could only be elected from within the royal family. However, starting from 1573, practically any Polish noble or foreigner of royal blood could become a Polish-Lithuanian monarch. Every newly elected king was supposed to sign two documents - the Pacta conventa ("agreed pacts") - a confirmation of the king's pre-election promises, and Henrican articles (artykuły henrykowskie, named after the first freely elected king, Henry of Valois). The latter document served as a virtual Polish constitution and contained the basic laws of the Commonwealth:
- free election of kings;
- religious tolerance;
- the Diet to be gathered every two years;
- foreign policy controlled by the Diet;
- a royal advisory council chosen by the Diet;
- official posts restricted to Polish and Lithuanian nobles;
- taxes and monopolies set up by the Diet only;
- nobles' right to disobey the king should he break any of these laws.
Cardinal Laws, 1768
May Constitution, 1791
Main article: May Constitution of Poland
- The Great Diet, 1788-1792
- Provisions
- Law for the Cities
- War for the Constitution, 1792 (Targowica Confederation)
- Constitution Day
19th century puppet states
- Duchy of Warsaw, 1806
- Kingdom of Poland ,1815
- Free City of Kraków, 1815
Inter-war period
- Little Constitution, 1919
- March Constitution, 1921
- April Constitution, 1935
Post-war period
- July Manifesto, 1944
- Little Constitution, 1947
- Constitution of the PRP, 1952
- Friendship with the USSR clause, 1976
- Little Constitution, 1992
Present
- 1997 Constitution,
Preamble
Having regard for the existence and future of our Homeland,
Which recovered, in 1989, the possibility of a sovereign and democratic determination of its fate,
We, the Polish Nation - all citizens of the Republic,
Both those who believe in God as the source of truth, justice, good and beauty,
As well as those not sharing such faith but respecting those universal values as arising from other sources,
Equal in rights and obligations towards the common good - Poland,
Beholden to our ancestors for their labors, their struggle for independence achieved at great sacrifice, for our culture rooted in the Christian heritage of the Nation and in universal human values,
Recalling the best traditions of the First and the Second Republic,
Obliged to bequeath to future generations all that is valuable from our over one thousand years' heritage,
Bound in community with our compatriots dispersed throughout the world,
Aware of the need for cooperation with all countries for the good of the Human Family,
Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland,
Desiring to guarantee the rights of the citizens for all time, and to ensure diligence and efficiency in the work of public bodies,
Recognizing our responsibility before God or our own consciences,
Hereby establish this Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsidiarity in the strengthening the powers of citizens and their communities.
We call upon all those who will apply this Constitution for the good of the Third Republic to do so paying respect to the inherent dignity of the person, his or her right to freedom, the obligation of solidarity with others, and respect for these principles as the unshakeable foundation of the Republic of Poland.
Related topics
Sources
- Chair of History of Polish Law, Jagiellonian University (in Polish) (http://www.law.uj.edu.pl/users/khpp/fontesu/zrod.htm)