The Polish Constitution: Its Historical Roots And Legacy

The Polish Constitution was written on 3 May 1791, making it the second oldest written constitution in the world. The constitution was proposed for the Polish-Lithuanian Commonwealth, a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania. It was intended to address political questions following a period of political agitation and gradual reform. The constitution sought to implement a more effective constitutional monarchy, introduced political equality between townspeople and nobility, and placed the peasants under the government's protection, mitigating the worst abuses of serfdom.

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The Polish Constitution of 1791 was the second in the world

The Polish Constitution of 1791, officially called the "Government Act" (in Polish, "Ustawa Rządowa"), was the second modern constitution in the world, after that of the United States. It was also the first of its type in Europe. The Polish Constitution of 1791 was a written constitution for the Polish-Lithuanian Commonwealth, which was a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania. The Commonwealth was a powerful country, steadily growing in influence on the European continent following its acceptance of Christianity in 966. Over the next few centuries, Poland’s economic, political, and cultural position became widely known and respected throughout Europe.

The origins of Poland’s 1791 Constitution can be traced to several remarkable and innovative developments in Polish history. Like their English counterparts who drafted the Magna Carta, Polish subjects also sought to restrict the powers of the crown and protect the rights of the individual. The Polish Constitution of 1791 was also influenced by the American model for the Federation of States laid out in the US Constitution. The process of drafting the Polish Constitution was officially launched in 1787, when Ignacy Potocki was selected to coordinate the project. A lively constitutional debate ensued, pitting reformists who wanted to strengthen the government and extend voting rights beyond the landed gentry against the powerful landowning class that was reluctant to give up its privileges.

The Polish Constitution of 1791 introduced political equality between townspeople and nobility and placed peasants under the government's protection, mitigating the worst abuses of serfdom. It banned pernicious parliamentary institutions such as the liberum veto, which had put the Sejm (the Polish legislature) at the mercy of any single deputy, who could veto and thus undo all the legislation adopted by that Sejm. The Constitution also sought to implement a more effective constitutional monarchy and provided for a system of checks and balances.

The Polish Constitution of 1791 was in force for less than 19 months. It was declared null and void by the Grodno Sejm that met in 1793, though the Sejm's legal power to do so was questionable. The Second and Third Partitions of the Commonwealth (1793, 1795) ultimately ended Poland's and Lithuania's sovereign existence until the close of World War I in 1918. However, the 1791 Constitution became a symbol of Poland’s national identity and strengthened the thought of a special connection between Catholicism and constitutionalism, due to the declaration of the supremacy of Catholicism in the constitution.

The 1791 Constitution was a symbol of Poland's national identity

The Constitution of 3 May 1791 was a written constitution for the Polish-Lithuanian Commonwealth, making it the second oldest written constitution in the world. The constitution was proposed during a period of political agitation and gradual reform, which began with the Convocation Sejm of 1764 and the election that year of the Commonwealth's last king, Stanisław August Poniatowski. The constitution was intended to address political questions and sought to implement a more effective constitutional monarchy. It also introduced political equality between townspeople and nobility, and placed the peasants under the government's protection, thus mitigating the worst abuses of serfdom.

The constitution also strengthened the thought of a special connection between Catholicism and constitutionalism, due to the declaration of the supremacy of Catholicism within the document. The memory of the constitution, recognised by political scientists as a progressive document for its time, helped keep alive Polish aspirations for an independent and just society. The constitution is viewed as a national symbol and as the culmination of the Enlightenment in Polish history and culture.

The 1791 Constitution was followed by the Polaniec Manifesto on 7 May 1794, which represents a famous legal document of the Polish uprising against its Russian occupiers, who invaded the country in 1792. The Manifesto intended to motivate the peasantry to fight for the freedom of Poland by granting peasants broad civil liberties, most of which had not been included in the 1791 Constitution.

The 1791 Constitution was proposed on 3 May

The 1791 Constitution was a response to the increasingly precarious situation in the Polish-Lithuanian Commonwealth, which had been a significant power in Europe only a century earlier. 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, thus mitigating the worst abuses of serfdom. It also banned detrimental parliamentary institutions such as the liberum veto, which had put the Sejm at the mercy of any single deputy, who could then undo all the legislation adopted by that Sejm.

The 1791 Constitution was proposed by two of its principal authors, Ignacy Potocki and Hugo Kołłątaj, who described it as "the last will and testament of the expiring Homeland". The constitution was proposed to the Great Sejm, which met between 1788 and 1792, and it was adopted in 1791. The Sejm was the official legislative branch, consisting of two chambers: the Senate and the Chamber of Deputies.

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, though the legal power of the Sejm to do so was questionable. Despite its short duration, the 1791 Constitution became a symbol of Poland's national identity and strengthened the idea of a special connection between Catholicism and constitutionalism.

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The 1791 Constitution was titled the Government Act

The Constitution of 3 May 1791, titled the Government Act, was a written constitution for the Polish-Lithuanian Commonwealth. It was the first codified, modern constitution in Europe and the second in the world, after that of the United States. The Constitution was proposed by the Great Sejm, which met between 1788 and 1792, and was intended to address political questions following a period of political agitation and gradual reform. The Commonwealth was a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania. The new constitution sought to implement a more effective constitutional monarchy, similar to that of Great Britain, with a strong central government based on a strong monarch.

The 1791 Constitution was a groundbreaking move to abolish the hereditary monarchy in favour of an elected one. This meant that any Pole or foreigner of royal blood could compete for the crown of the Commonwealth of Poland-Lithuania. The newly elected king had to agree to a set of specific requests submitted by the Sejm, known as the Pacta conventa, and adhere to the Acta Henriciana, which contained the basic laws of the Commonwealth, including the free election of kings, a guarantee of religious tolerance, and the granting of wide-ranging powers to the legislative branch. The Constitution also introduced political equality between townspeople and nobility, and placed the peasants under the government's protection, mitigating the worst abuses of serfdom.

The Sejm, or the lower chamber, consisted of representatives of the nobility and clergy, while the Chamber of Senators, or the upper chamber, had between 130 and 132 senators, including voivodes, castellans, bishops, and government ministers without the right to vote. The king presided over the Senate and had one vote, which could be used to break ties. The king and all deputies had legislative initiative, and most matters required a simple majority from both chambers, while specialized resolutions needed a majority of both chambers voting jointly.

The 1791 Constitution was a significant step in the political development of Poland, and it became a symbol of Poland's national identity. It strengthened the thought of a special connection between Catholicism and constitutionalism, due to the declaration of the supremacy of Catholicism in the constitution. However, the Constitution was only in effect for a short period, as Poland was invaded by Russia in 1792, and the monarchy ended after the three partitions among the Kingdom of Prussia, Russia, and Austria in 1795.

The 1791 Constitution was Poland's first written constitution

The 1791 Constitution, formally known as the Government Act, was Poland's first written constitution. Proposed on 3 May 1791, it is the second oldest written constitution in the world. The constitution was a response to the increasingly unstable situation in the Polish–Lithuanian Commonwealth, which had been a major European power only a century earlier. The Commonwealth was a dual monarchy comprising the Crown of the Kingdom of Poland and the Grand Duchy of Lithuania.

The 1791 Constitution 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 king, Stanisław August Poniatowski, that same year. The constitution sought to implement a more effective constitutional monarchy, introduced political equality between townspeople and nobility, and placed the peasants under the government's protection, thus mitigating the worst abuses of serfdom. It also abolished the hereditary monarchy in favour of an elected one, meaning that from 1573, any Pole or foreigner of royal blood could compete for the crown of the Commonwealth of Poland-Lithuania.

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, though the Sejm's legal power to do so was questionable. Despite its short duration, the 1791 Constitution became a symbol of Poland’s national identity and strengthened the thought of a special connection between Catholicism and constitutionalism, due to the declaration of the supremacy of Catholicism in the constitution.

The 1791 Constitution was also notable for banning pernicious parliamentary institutions such as the liberum veto, which had put the Sejm at the mercy of any single deputy, who could veto and thus undo all the legislation adopted by that Sejm. The constitution put an end to royal elections by restoring the system of a hereditary monarchy.

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