https://doi.org/10.31648/cetl.12105
The institution of the head of state in post-war Poland has undergone profound systemic redefinitions, following the shifting logic of the political system. The aim of this article is a multidimensional analysis of this transformation, covering both the period of the Polish People's Republic and the influence of the transition in the late 1980s and 1990s on the final shape of the 1997 Constitution. The study posits that the current Constitution does not represent a coherent axiological concept, but is rather a byproduct of historical compromises. In terms of methodology, alongside a classic historical-legal analysis of legal acts from 1944-1997, the study draws on primary sources, including the protocols of the Constitutional Commission of the National Assembly. The analysis demonstrates a lack of continuity in the shaping of the office: from the model of strong concentration of power in 1944-1952, through the abolition of the presidency in favor of the facade-like and collegiate Council of State, to its restitution as a result of the Round Table agreements. The article argues that the work on the current Basic Law was dominated by a fundamental dispute between presidential and parliamentary visions, which ultimately led to the adoption of a model based on rationalized parliamentarism. The final conclusions point to a specific dichotomy of the current model. Although imprecise provisions generate structural competence disputes, it is the presidential elections that generate the highest voter turnout. This confirms the role of the President in the social consciousness and his status as a key institution of the Polish political system, enjoying the strongest and most direct democratic legitimacy.
The institution of the head of state in post-war Poland has undergone profound systemic redefinitions, following the shifting logic of the political system. The aim of this article is a multidimensional analysis of this transformation, covering both the period of the Polish People's Republic and the influence of the transition in the late 1980s and 1990s on the final shape of the 1997 Constitution. The study posits that the current Constitution does not represent a coherent axiological concept, but is rather a byproduct of historical compromises. In terms of methodology, alongside a classic historical-legal analysis of legal acts from 1944-1997, the study draws on primary sources, including the protocols of the Constitutional Commission of the National Assembly. The analysis demonstrates a lack of continuity in the shaping of the office: from the model of strong concentration of power in 1944-1952, through the abolition of the presidency in favor of the facade-like and collegiate Council of State, to its restitution as a result of the Round Table agreements. The article argues that the work on the current Basic Law was dominated by a fundamental dispute between presidential and parliamentary visions, which ultimately led to the adoption of a model based on rationalized parliamentarism. The final conclusions point to a specific dichotomy of the current model. Although imprecise provisions generate structural competence disputes, it is the presidential elections that generate the highest voter turnout. This confirms the role of the President in the social consciousness and his status as a key institution of the Polish political system, enjoying the strongest and most direct democratic legitimacy.
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