Simone Lawson
Poland has had several constitutions throughout its history, each signed by different people. The Constitution of 3 May 1791 was one of the first constitutions in Europe and was signed by King Alexander I of Russia, who was also the King of Poland. The Second Polish Republic adopted the March Constitution on 17 March 1921, which was regarded as very democratic and was partially adjusted by the 1926 August Novelization. The Polish Constitution of 1935, also known as the April Constitution, superseded the previous constitutions and was signed by a new set of leaders.
| Characteristics | Values |
|---|---|
| Date | 3 May 1791 |
| Type of State | Constitutional monarchy in a personal union with the Russian Empire |
| Signatory | King of Poland Alexander I of Russia |
| Other Names | "Constitution of 1791", "Constitution of the Kingdom of Poland" |
| Government | Legislative, supreme executive, and judicial authority |
| Legislative Authority | Assembled estates (Sejm) |
| Executive Authority | King and his council, the Guardianship of the Laws |
| Judicial Authority | Jurisdictions instituted or to be instituted |
| Amendments | Partially adjusted by the 1926 August Novelization, superseded by the Polish Constitution of 1935 (April Constitution) |
| Notable Features | Recognized civil liberty, social order, and integrity of states; abolished liberum veto; established four-year sessions of the Sejm; provided for stronger royal authority |
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What You'll Learn
The May Constitution of 1791
The constitution was granted to the 'Congress' Kingdom of Poland by King Alexander I of Russia in 1815, following the Congress of Vienna. It was considered one of the most liberal constitutions of its time, promising freedom of speech and religious tolerance, among other freedoms. However, it was never fully respected by the Russian authorities and its provisions were often manipulated or ignored, leading to increasing discontent in Poland.
The May Constitution established a constitutional monarchy with three branches of government: legislative, executive, and judicial. The King, as the head of all three branches, had significant powers, including the ability to call, postpone and dissolve parliament (Sejm) sessions, confirm appointments, and sign legislation into law. The Sejm, or the assembled estates, was divided into two chambers: a Chamber of Deputies and a Chamber of Senators, with the King presiding over the latter. The Chamber of Deputies was responsible for initiating all bills and was considered the repository of national sovereignty.
The constitution also introduced four-year sessions of the elected Sejm, abolished the liberum veto, which had previously allowed any single member of the Sejm to block a measure, and established a council known as the Guardianship of the Laws to support the King in executing the laws. The Guardians consisted of the King, the Primate (chief of the Polish clergy), five ministers, and two secretaries.
Overall, the May Constitution of 1791 was an important step towards establishing a more democratic and representative form of government in Poland, despite the challenges posed by the Russian domination and the eventual disregard for its provisions.
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The King and his council, the Guardianship of the Laws
The Constitution of the Kingdom of Poland, also known as the Constitution of 1791 or the Constitution of 3 May 1791, established a constitutional monarchy with stronger royal authority. The King of Poland was also the Emperor of Russia, creating a personal union between the two nations. The King, as the head of the executive branch, held significant power and was responsible for executing the laws of the land.
The constitution outlined the role of the King and his council, known as the Guardianship of the Laws. The council was responsible for supervising the integrity and execution of the laws, ensuring that they were observed and carried out. The Guardianship of the Laws was composed of several key members, including the Primate, who was the chief of the Polish clergy and president of the Educational Commission, and five ministers: a minister of police, a minister of the seal, a minister of war, a minister of the treasury, and a minister of the seal for foreign affairs. Additionally, there were two secretaries, one responsible for the protocol of the Guardians and the other for the protocol of foreign affairs.
The King, as the supreme executive authority, had the power to call, postpone, and dissolve parliament (Sejm) sessions. He was the only person with legislative initiative, and his signature was required to pass Sejm legislation into law. The Sejm was divided into two chambers: the Chamber of Deputies and the Chamber of Senators, with the King presiding over the latter. The Chamber of Deputies served as the repository of national sovereignty and the primary body for considering all bills.
The constitution aimed to strike a balance between the integrity of the states, civil liberty, and social order. It recognised the importance of a strong executive authority and the need for just laws and their effective execution. The Guardianship of the Laws played a crucial role in ensuring that the laws were upheld and implemented fairly.
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The March Constitution of 1921
The March Constitution introduced Montesquieu's tripartite separation of powers and the principle of the sovereignty of the nation. Executive power was vested in a president elected for seven years by the National Assembly and in the Council of Ministers, while legislative power was vested in a bicameral parliament comprising the Sejm and Senate, and judicial power rested with independent courts. The constitution expressly ruled out discrimination on racial or religious grounds, abolished all royal titles and state privileges, and banned the use of blazons. It was regarded as very democratic and modern, guaranteeing civil liberties and protection for all regardless of national, religious, and cultural differences.
The work on the constitution was turbulent, with all sides putting forward their own ideas and the difficult external situation making it challenging to reach an agreement. Ultimately, it was the right wing that succeeded in pushing through a large proportion of its vision, thanks to its parliamentary majority. The document consisted of seven chapters divided into 126 articles, with a preamble recalling the long and difficult road to independence.
While the March Constitution was a commendable testament to the liberation aspirations of the reborn Polish state, historians have also pointed out that some of its mechanisms contributed to the imminent collapse of the democratic system. Accusations include party fragmentation, political polarisation, and cabinet instability. However, it is important to recognise that the systemic solutions it offered were the result of a broad compromise, aiming to ensure the continuity of the state's existence in defence and foreign policy. The existence of the Sejm also played a crucial role in cooling heated political disputes, despite the sharp differences that arose in the natural course of parliamentary democracy.
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The Congress Kingdom of Poland
The Duchy of Warsaw, a French client state, was formed in 1807 by Napoleon Bonaparte from parts of the Polish territory that had been partitioned between Austria and Prussia. After Napoleon's defeat, the fate of the Duchy of Warsaw became dependent on Russia. Tsar Alexander I intended to annex the duchy and parts of Lithuanian land that were historically part of the Polish-Lithuanian Commonwealth. Despite opposition from Austria and the United Kingdom, Russia gained a larger share of Poland, including Warsaw, at the Congress of Vienna in 1815.
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The Duchy of Warsaw
The disregard for the promised rights, among other factors, led to increasing discontent within Poland, eventually resulting in the failed November Uprising in 1830. The Duchy of Warsaw was governed by a document that was compared to the Constitution of the Kingdom of Poland, which was granted by King Alexander I of Russia in 1815. The new constitution was considered among the most liberal in contemporary Europe, promising freedom of speech and religious tolerance, among other freedoms.
However, it was never fully respected by the Russian authorities, and its liberal but ambiguous provisions became manipulated, avoided, and violated by the government. The Kingdom of Poland was a constitutional monarchy in personal union with the Russian Empire, with the Emperor of Russia also serving as King of Poland. The parliament, military, administration, and judiciary remained separate, with the King as the head of all three branches (executive, legislative, and judicial).
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Frequently asked questions
The 1791 Polish Constitution was signed by King Alexander I of Russia, who was also the Emperor of Russia at the time.
A significant contributor to the constitution was Prince Adam Czartoryski, although the text was edited by the Emperor himself and his advisors.
The 1791 Polish Constitution was considered one of the most liberal constitutions in contemporary Europe. It provided for stronger royal authority, established four-year sessions of the elected Sejm (the Polish diet), and introduced significant social and political reforms.
