Uwarunkowania historyczne nowej Konstytucji RP

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Wydział Prawa i Administracji UAM

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Historical conditioning of the new constitution of the Republic of Poland


As a study of a number of different constitutions shows, the contents of any constitution are related, among others, to the question whether the constitution is written after a given state has regained sovereignty, or whether it is written at any point of time of an uninterrupted history of a sovereign state. The new constitution currently being drafted in the Republic of Poland comes after a period of 50 years where the State was not sovereign. And such was the position of Poland for 45 years after the end of World War II, in which period the political orientation, foreign policy, control over the army and police as well as the way in which the main public posts were manned depended on external (Soviet Union) powers. As a consequence, the Polish legislature was not sovereign either. The regulations which were developed and implemented by an illegimate legislator cannot be considered as lawful and legal. In order to avoid legal chaos, it is vital that once the sovereignty has been regained, the legitimate legislator cancelled those regulations which were in breach of the so called principles of civilised nations. Other regulations, should be given the ex post status. A new constitution is an ideal occasion to do so. The new constitution, in its regulations of a number of specific issues, should also account for the historical conditioning in the country in which it will operate.



Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016



Ruch Prawniczy, Ekonomiczny i Socjologiczny, 57, 1995, z. 2, s. 1-10



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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego