Eleanor Finch
The Constitution of the Republic of Poland, commonly referred to as the 1997 Constitution, is the supreme law of the Republic of Poland. Poland has had numerous constitutions throughout its history, with the current constitution being adopted by the National Assembly of Poland on April 2, 1997, and coming into force on October 17, 1997. The 1791 Constitution, also known as the 3 May Constitution, was the first modern constitution in Europe and the second in the world, following the United States Constitution. Both the US and Polish constitutions were ratified almost simultaneously and shared notable similarities in their development and final form. The 1791 Constitution was a response to the declining situation in the Polish-Lithuanian Commonwealth and sought to implement a more effective constitutional monarchy, introduce political equality, and protect the rights of peasants.
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What You'll Learn
The 1791 Constitution
The Constitution of 3 May 1791, also known as the Government Act, was a written constitution for the Polish-Lithuanian Commonwealth. It was the first modern constitution in Europe and the second in the world, following the United States Constitution. The 1791 Constitution was a response to the increasingly perilous situation in the Polish–Lithuanian Commonwealth, which had been a major European power only a century earlier. It was intended to address political questions following a period of political agitation and gradual reform that began with the Convocation Sejm of 1764 and the election of the Commonwealth's last monarch, Stanisław August Poniatowski.
The Constitution sought to implement a more effective constitutional monarchy, introduced political equality between townspeople and nobility, and placed peasants under the government's protection, mitigating the worst abuses of serfdom. It also confirmed the old privileges of the nobility, stressing that all nobles were equal and should enjoy personal security and the right to property. Additionally, it provided for a tripartite separation of powers, with a balance of powers among the legislative, executive, and judicial branches of government, reflecting Enlightenment influences such as Rousseau's concept of the social contract.
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The Second Oldest Written Constitution
The Constitution of 3 May 1791, also known as the Government Act, was a written constitution for the Polish–Lithuanian Commonwealth. It was the second constitution in world history, following the 1788 ratification of the United States Constitution. The 1791 Constitution was a significant milestone in the history of law and the growth of democracy, and it had a profound impact on Poland's political system.
The Polish–Lithuanian Commonwealth, a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania, was facing political agitation and gradual reform in the late 18th century. The 1791 Constitution aimed to address these challenges and establish a more effective constitutional monarchy. It introduced political equality between townspeople and nobility and provided protection for peasants, mitigating the worst abuses of serfdom. The Constitution also strengthened the powers of the Sejm, the parliamentary body in Poland, and moved the country towards a constitutional monarchy.
The 1791 Constitution had a short lifespan, remaining in force for less than 19 months. It was declared null and void by the Grodno Sejm in 1793, and Poland was partitioned by Prussia, Austria, and Russia in 1795, ending its sovereign existence until the end of World War I in 1918. Despite its brief duration, the 1791 Constitution left a lasting legacy. It inspired later democratic movements worldwide and sustained Polish and Lithuanian aspirations for the restoration of their sovereignty.
The 1791 Constitution was a groundbreaking document that abolished the hereditary monarchy and introduced an elected monarchy in the Commonwealth of Poland-Lithuania. This innovative approach to governance, along with its similarities to the United States Constitution, makes the 1791 Constitution a significant milestone in the history of constitutionalism and democracy.
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Similarities in Development and Form
The Constitution of 3 May 1791, also known as the Government Act, was a written constitution for the Polish-Lithuanian Commonwealth. It was the first modern constitution in Europe and the second in the world, following the 1788 ratification of the United States Constitution. Despite their geographical, political, and historical differences, the constitutions of these two countries shared notable similarities in development and form.
Both the American and Polish constitutions were influenced by similar historical contexts. The American Constitution emerged from Anglo-Saxon legal traditions, such as the Magna Carta, which limited absolute monarchy by requiring the king to follow explicit legal procedures. Similarly, the Polish Constitution of 1791 built upon earlier Polish legal traditions, including the Henrician Articles and the Pacta Conventa, which embodied the concept of a contractual state and established checks and balances on state power.
In terms of form and structure, both constitutions incorporated democratic principles and established a system of checks and balances. The Polish Constitution of 1791 introduced a constitutional monarchy, with executive power vested in "the King in his council," a cabinet of ministers known as the Guardians of the Laws. Similarly, the American Constitution established a system of separated powers, with legislative, executive, and judicial branches.
Both constitutions also sought to protect individual liberties and establish political equality. The Polish Constitution of 1791 granted political equality between townspeople and nobility, while the American Constitution affirmed the equality of all men and their inalienable rights to life, liberty, and the pursuit of happiness. These similarities in development and form between the American and Polish constitutions, despite their different historical and geographical contexts, are remarkable and reflect shared values and principles.
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Separation of Powers
The Constitutions of the United States and Poland share many similarities, including the principle of separation of powers among three independent branches of government: the legislature, the executive, and the judiciary.
The US Constitution divides power between the Congress, the President, and the federal courts. Congress writes legislation to restrain executive officials, and the Supreme Court interprets the law and can strike down laws it deems unconstitutional. The President is the Commander-in-Chief of the armed forces and has the power to make treaties, appointments, and ensure the execution of laws.
The Polish Constitution of 3 May 1791, also known as the Government Act, was the first codified modern constitution in Europe, after that of the United States. It established a constitutional monarchy, with the executive power in the hands of "the King in his council," a cabinet of ministers called the Guardians of the Laws. The ministries could not create or interpret laws, and all acts of the foreign ministry were provisional and subject to Sejm (Parliament) approval. The Sejm, composed of an elected lower chamber and an appointed Senate, held legislative power, and it met every two years or when required by a national emergency.
The 1791 Polish Constitution was in force for less than 19 months before being declared null and void in 1793. However, it had a lasting impact on Polish constitutionalism and the country's aspirations for sovereignty. The 1952 Constitution, which established the Polish People's Republic, made the Sejm the "supreme organ of state power," overseeing the judicial and executive branches. In practice, however, the Sejm exercised little real power, and executive power was held by the Council of Ministers and the Council of State.
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The Sejm
The Constitution of the United States of America and the Constitution of the Commonwealth of Poland-Lithuania, also known as the 3 May Constitution, were ratified almost simultaneously. The former was ratified on 17 September 1787, and the latter on 3 May 1791. The constitutions shared many notable similarities in their development and final form.
The bicameral system was also established, with the Sejm comprising two chambers: the Senat (Senate), and the Chamber of Deputies. The Sejm eventually became more active in supporting the goals of the privileged classes, especially after the King ordered that the landed nobility and their estates (peasants) be drafted into military service.
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Frequently asked questions
The Constitution of 3 May 1791 was the first modern constitution in Europe, and the second in the world, after that of the United States. Both constitutions shared notable similarities in their development and final form, and were ratified almost simultaneously.
The 1791 Constitution was a response to the increasingly perilous situation in the Polish-Lithuanian Commonwealth, which had been a major power in Europe a century earlier. It sought to implement a more effective constitutional monarchy, introduced political equality between townspeople and nobility, and placed peasants under the government's protection.
The 1791 Constitution was in force for less than 19 months. It was declared null and void by the Grodno Sejm that met in 1793.
The current Polish Constitution was ratified on 2 April 1997. It replaced the Small Constitution of 1992, a revision of the 1952 Constitution of the Polish People's Republic. It came into force on 17 October 1997.
