Kwietniowa nowela konstytucyjna 1989 roku
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Date
1989
Authors
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Journal Title
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Volume Title
Publisher
Wydział Prawa i Administracji UAM
Title alternative
Amendment of aprii 1989 to the constitution
Abstract
The author presents changes which to the Polish political system brought the
Law of April 7, 1989 on Amendment to the Constitution of the Polish People's
Republic (Off. Gazz. No. 19, item 101). The most important changes introduced
by the said Law concern: 1) the Diet of the Polish People's Republic; 2) a newly
created organ — the Senate of the Polish People's Republic; 3) another newly
created chief organ — the President of the Polish People's Republic, with the
simultaneous elimination of the hitherto existing chief organ — the Council of State of the Polish People's Republic. The above changes are discussed in three
chapters (II, III, IV). The autor paints to their position in the system of chief
State organs and sketches their characteristics, competence, the way of appointing
these organs, their internal organization and mode of functioning. In the first
place, however, the author points to mutual dependencies between these organ?.
The author proves that the position of the Diet — which in the Constitution is
still defined as the supreme organ of State power, the supreme utterer of the will
of the people, the organ realizing sovereign rights of the nation, the legislator and
the decision maker who determines the directions of the activity of the State —
has to a considerable extent been weakened in favour of the Senate and especially
the President. In his concluding remarks the author points to the need of adopting
a new constitution. The present one is full of internal contradictions due to
numerous amendments going in various directions, depending on periods when
those amendments were made. A future constitution should be built along uniform
and internally consistent conception based on democratic principles. The author
is for a constitution based on the principle of uniformity of power concentrated
in the superior representative organ of the nation. He points to the system of
Swiss Confederation and rejects the system of distribution of power.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 51, 1989, z. 4, s. 1-22.