Jonah Patel
The Constitution of the Republic of Poland is the supreme law of the Republic of Poland, also known as the Third Polish Republic. It was ratified on April 2, 1997, and came into force on October 17, 1997. The Polish Constitution is a cornerstone of the country's political system, guiding the conduct of government officials and outlining the rights of candidates and voters. Amending the Constitution is a complex process that requires the approval of the Sejm by a two-thirds majority and the Senate by an absolute majority, with specific procedures outlined in Article 235. This article will explore the dynamics of amending Poland's Constitution, including the roles of various entities and the impact of proposed changes on elections and governance.
| Characteristics | Values |
|---|---|
| Who can submit a bill to amend the Constitution? | At least one-fifth of the statutory number of Deputies, the Senate, or the President of the Republic |
| How is the Constitution amended? | By means of a statute adopted by the Sejm and, thereafter, adopted in the same wording by the Senate within a period of 60 days |
| When can the first reading of a bill to amend the Constitution take place? | No sooner than 30 days after the submission of the bill to the Sejm |
| What is the quorum for the Sejm to adopt a bill to amend the Constitution? | A majority of at least two-thirds of votes in the presence of at least half of the statutory number of Deputies |
| What is the quorum for the Senate to adopt a bill to amend the Constitution? | An absolute majority of votes in the presence of at least half of the statutory number of Senators |
| When can the Sejm adopt a bill amending the provisions of Chapters I, II or XII of the Constitution? | No sooner than 60 days after the first reading of the bill |
| How often does the Constitution provide for presidential elections? | Every five years |
| How many times has the Constitution of the Polish People's Republic been amended? | 24 times |
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What You'll Learn
Who can submit a bill to amend the constitution
In Poland, a bill to amend the Constitution can be submitted by at least one-fifth of the statutory number of Deputies, the Senate, or the President of the Republic. The Sejm, or the lower house of the Polish parliament, then adopts the bill by a majority of at least two-thirds of votes, provided that at least half of the statutory number of Deputies are present.
Following this, the bill is sent to the Senate, which can adopt it without amendment, adopt amendments, or reject it within 30 days of submission. If the Senate fails to adopt a resolution within this timeframe, the bill is considered adopted according to the original wording submitted by the Sejm.
If the Senate passes a resolution rejecting the bill or proposing amendments, the Sejm can override this resolution by voting against it by an absolute majority in the presence of at least half of the statutory number of Deputies. Once the bill is adopted by both houses of parliament, it is submitted to the President of the Republic for signature.
The President has 21 days to sign the bill and promulgate it in the Journal of Laws of the Republic of Poland. Before signing, the President may refer the bill to the Constitutional Tribunal to review its conformity with the Constitution. If the bill is judged to conform to the Constitution by the Tribunal, the President cannot refuse to sign it.
Additionally, the President of the Republic plays a role in the ratification of international agreements by Poland. If an agreement concerns specific areas outlined in the Constitution, such as freedoms, rights, or obligations of citizens, prior consent is required through a statute. The President of the Council of Ministers (the Prime Minister) informs the Sejm of any intention to submit international agreements for ratification that do not require statutory consent.
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How to get a bill adopted
The Constitution of the Republic of Poland is the supreme law of the Republic of Poland. The current constitution was ratified on 2 April 1997, replacing the Small Constitution of 1992, which was a revision of the 1952 Constitution of the Polish People's Republic.
To amend the Constitution of Poland, a bill must first be submitted by at least one-fifth of the statutory number of Deputies, the Senate, or the President of the Republic. The bill must then be adopted by the Sejm (the lower house of the Polish parliament) by a majority of at least two-thirds of the votes, with at least half of the statutory number of Deputies present. The first reading of the bill may take place no sooner than 30 days after its submission to the Sejm.
Following its adoption by the Sejm, the bill must be adopted by the Senate (the upper house of the Polish parliament) within a period of 60 days. The Senate must approve the bill with exactly the same wording as the Sejm, and by an absolute majority of votes in the presence of at least half of the statutory number of Senators.
If a bill to amend the Constitution is adopted by both the Sejm and the Senate, it is then promulgated by the President of the Republic and comes into force on the date specified by the President.
It is important to note that the process of amending the Constitution of Poland requires a high threshold of support, with a supermajority of two-thirds in the Sejm and an absolute majority in the Senate needed for the adoption of a bill. This ensures that any changes to the Constitution have broad consensus and support across the political spectrum.
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What happens after a bill is adopted
In Poland, a bill to amend the Constitution can be submitted by at least one-fifth of the statutory number of Deputies, the Senate, or the President of the Republic. Once a bill is adopted, it must be passed by the Sejm (the lower house of the Polish parliament) by a two-thirds majority vote with at least half of the statutory number of Deputies present. The first reading of a bill to amend the Constitution cannot take place sooner than 30 days after the submission of the bill to the Sejm. Additionally, if the bill amends the provisions of Chapters I, II, or XII of the Constitution, its adoption by the Sejm cannot take place sooner than 60 days after the first reading.
After being adopted by the Sejm, the bill must then be adopted by the Senate (the upper house of the Polish parliament) within a period of 60 days. The Senate must approve the bill with an absolute majority of votes in the presence of at least half of the statutory number of Senators.
If a bill to amend the Constitution is successfully adopted by both the Sejm and the Senate, it becomes a statute. This statute represents an official amendment to the Polish Constitution and supersedes any previous conflicting laws or provisions. The amendment process is then considered complete, and the new provisions take effect.
It is worth noting that Poland's constitution has undergone numerous changes throughout history, reflecting the country's evolving political landscape. The current constitution, ratified in 1997, replaced the Small Constitution of 1992, which itself was a revision of the 1952 Constitution of the Polish People's Republic. The 1952 Constitution, also known as the July Constitution, introduced a communist-led Sejm as the highest state authority and changed the country's name to the Polish People's Republic.
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The history of Poland's constitutions
Poland has had numerous constitutions throughout its history. The country's written history dates back to the reign of Mieszko I in 966, and the Kingdom of Poland was formed in 1025. The first major privilege was granted in 1374 by Louis Andegavin, who abolished all but one tax the szlachta was required to pay.
The Polish Constitution of 3 May 1791, also known as the Government Act, was the first codified, modern constitution in Europe and the second in the world, after that of the United States. It was designed to address political questions and implement a more effective constitutional monarchy, introducing political equality between townspeople and nobility and placing peasants under the government's protection. The Constitution also abolished parliamentary institutions such as the liberum veto, which had placed the Sejm at the mercy of any deputy who might choose or be bribed to undo all legislation. It became a symbol of Poland's national identity and aspirations for an independent and just society.
The Second Polish Republic had three constitutions. The first was the March Constitution of 1921, which was followed by the Small Constitution of 1947. The Second Polish Republic's third constitution was the Constitution of the Polish People's Republic in 1952. After years of communist rule, Poland reemerged as an independent state after the revolutions in 1989. The five years after 1992 were spent in dialogue about the new character of Poland, and a new consensus was needed to acknowledge the awkward parts of Polish history, including the transformation from a one-party system to a multi-party one and the rise of pluralism. The current constitution, commonly referred to as the 1997 Constitution, was ratified on 2 April 1997 and came into force on 17 October 1997.
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The impact of Poland's political transformations on its constitution
Poland has had numerous constitutions throughout its history, with the current constitution, also known as the 1997 Constitution, being ratified on 2 April 1997. This constitution replaced the Small Constitution of 1992, which was a revision of the 1952 Constitution of the Polish People's Republic. The 1952 Constitution renamed the Republic of Poland to "The Polish People's Republic" and declared that power and authority rested with the "working people". However, political control was centralized, and collective interests were prioritized over individual rights. After 1989, Poland underwent a democratic transition, moving away from communism and towards a multi-party system with a free-market economy. This transition led to the creation of the 1992 constitution, which served as a foundation for the current 1997 constitution.
The 1997 Constitution of the Republic of Poland is the supreme law of the country and establishes a system of checks and balances among the president, prime minister, and parliament. It enhances judicial review and stipulates a broad range of civil rights, including political equality between men and women (Article 33) and the freedom of ethnic minorities to advance their culture (Article 35). The constitution also prohibits political parties based on "Nazism, fascism, and communism" and provides for civilian control over the military.
Poland's political transformations have had a significant impact on its constitution. The shift from a one-party system to a multi-party system and the move towards a free-market economy required a new constitutional framework. The 1997 Constitution reflects Poland's desire to join the North Atlantic Treaty Organization (NATO) and embrace Western legal and constitutional practices. Additionally, the country's historical experiences, such as the "Solidarity Movement" and the struggle for independence, influenced the constitutional provisions that guarantee individual freedoms and rights.
However, Poland's ruling Law and Justice party (PiS) has been criticized for attempting to overturn the existing constitutional order. PiS leader Jaroslaw Kaczynski has argued that the post-1989 democratic transition resulted in a "system" that serves "postcommunist elites" and undermines the interests of ordinary Poles. In 2016, the government took control of the Constitutional Tribunal and proposed a restructuring of the Supreme Court and the National Council of the Judiciary (KRS), raising concerns about the independence of the judicial system. These actions have been viewed as a threat to Poland's democratic values and legal framework, with critics arguing that they broaden opportunities for political influence in the courts.
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Frequently asked questions
A bill to amend the Constitution of Poland may be submitted by at least one-fifth of the statutory number of Deputies, the Senate, or the President of the Republic.
Amendments to the Constitution of Poland shall be made by means of a statute adopted by the Sejm and, thereafter, adopted in the same wording by the Senate within 60 days. The bill must be adopted by the Sejm by a majority of at least two-thirds of votes in the presence of at least half of the statutory number of Deputies (460 deputies) and by the Senate by an absolute majority in the presence of at least half of the statutory number of Senators.
The first reading of a bill to amend the Constitution cannot take place sooner than 30 days after the submission of the bill to the Sejm.
Yes, there has been a proposal to extend the president's term by two years due to threats related to the coronavirus pandemic. However, it is a difficult and lengthy procedure, and the proposal may not secure enough support in parliament.
