The Constitution of Poland: A Contextual Analysis

Erscheinungsjahr 2021
ISBN: 978-1-5099-5220-5
Verlag: BLOOMSBURY 3PL

Buch, Englisch, 296 Seiten, Paperback, Format (B × H): 140 mm x 216 mm, Gewicht: 345 g

Reihe: Constitutional Systems of the

This book focuses on the Polish Constitution of 1997, concentrating on its structure, its substance and some of the institutional choices made by the drafters. The core of the Constitution is similar to other liberal democratic constitutions, but, in addition, it regulates a number of issues - such as public finances and sources of law - that are new to Polish constitutionalism and to constitutionalism in general. It considers in a detailed manner certain institutional choices made in the Constitution, such as the bicameral parliament, the peculiar structure of the executive branch, as well as the principle of independence of courts and judges, fundamental rights and local government. The book is a vital resource for all those interested in Poland's Constitution, and the rich comparative constitutional insights the country offers.

In addition to explaining the 1997 Constitution in its political, historical, and social context, the book tackles the radical changes, in particular within the judicial branch, introduced by the new governing majority since 2015. These new regulations, constitutional in character, but without formally changing the Constitution, challenged the rule of law, a key component of membership in the European Union. Despite the negative nature of these recent developments, the anchoring of Polish constitutional law in European constitutionalism presents a source of optimism that the 1997 Constitution will regain its position as the supreme law of the state.

Autoren/Hrsg.

Granat, Miroslaw

Granat, Katarzyna

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht Verfassungsgeschichte, Verfassungsvergleichung
• Rechtswissenschaften Ausländisches Recht Mittel- und Osteuropa, Russland

Inhaltsverzeichnis

1. Polish Constitutional History and Tradition

I. Introduction

II. Independence and Republicanism

III. Democratic Tradition

IV. Freedom in Polish Constitutionalism

V. The Evolution of Human Rights in Poland

VI. The Development - and Crisis - of Constitutional Review

VII. Conclusion

2. The Fundamental Principles of the Polish Constitution

I. Introduction

II. Key Principles of the Polish Constitution

III. Sources of Law

IV. The Functioning of the Constitution without a Formal Amendment

V. Conclusion

3. Parliament

I. Introduction

II. The Electoral System and the Composition of Parliament

III. The Impact of Political Parties on the Parliament

IV. The Functioning of Parliament in the Presence of Majority Governments and Weak Bicameralism

V. The Parliament and European Integration

VI. The Future of Poland's Second Chamber

VII. Conclusion

4. The Executive

I. Introduction

II. The President

III. The Council of Ministers and Government Administration

IV. Conclusion

5. Judicial Power

I. Introduction

II. The Constitutional Structure of the Polish Courts

III. Independent Courts and Independent Judges as the Backbone of Judicial Power

IV. National Judges as EU Judges

V. Conclusion

6. Constitutional Review and Constitutional Accountability

I. Introduction

II. The Constitutional Court

III. Constitutional Accountability (Tribunal of State)

IV. Conclusion

7. Local Governance

I. Between a Civil Society and a Political State

II. Citizens as the Beneficiaries of Local Self-Government

III. Self-Government and Government Administration at the Local Level

IV. Difficulties in Oversight of Local Self-Government

V. Local Self-Government in the EU

VI. Conclusion

8. Constitutional Freedoms and Rights

I. Introduction

II. Three Bills of Rights

III. General Principles of Human Rights in Poland

IV. The Limited Scope of Individual Obligations

V. The Mechanisms of Protection of Fundamental Rights

VI. Conclusion

9. Facing the Future

I. Introduction

II. The Constitution in Action

III. The EU's Response to the Judicial Crisis

IV. Constitutional Amendment Proposals under Discussion

V. The Role of Constitutional Identity in the Battle for the Constitution

VI. Conclusion

Über Autor(innen)

Granat, Miroslaw
Miroslaw Granat is Professor of Constitutional Law at Cardinal Stefan Wyszynski University, Warsaw. He served as a Judge at the Polish Constitutional Court from 2007-2016.

Granat, Katarzyna
Katarzyna Granat is Junior Research Fellow and Marie Curie Fellow at Durham University Law School.

Miroslaw Granat is Professor of Constitutional Law at Cardinal Stefan Wyszynski University, Warsaw. He served as a Judge at the Polish Constitutional Court from 2007 to 2016.
Katarzyna Granat is Junior Research Fellow and Marie Curie Fellow at Durham Law School.