Poland's History and Adoption of the Constitutional Law

The essay represents Poland's constitutional tradition and adoption of the law in Poland's current constitutional law in a concise version. The first part outlines the beginning of Poland's tradition of the constitution (16th century) and the role of the Constitution of May 3, 1791, which was the first modern constitution in Europe. After that, Poland’s constitutions from 1921 and 1935 are mentioned. The adoption of the law had been known in Poland already since the beginning of the State of Poland (10th century). After the last political turn of events (1989), when the Communist party lost power, it was clear that the new constitution had to fully comply with the standards, which are in force in the West-European countries. In practice, the adoption of the law by the constitutional court played an absolutely important role. The constitutional court had successively adopted the elements of the rule of law principle. In the essay, the elements of adopting the law in Poland's constitution are divided into four groups, the most important of which are: adopting the loftiest values of the system of laws (laying down the human rights as an absolute priority) and adopting the constitutional principles. At the same time, the process of adopting the standards relating to the constitutional law has numerous sources. The constitution from 1997 and being in force has embrace values, principles, institutions in an ”eclectic” fashion. The completely new incentives to adoption involve Poland's membership in the European Union (2004). At the end of the essay, it is emphasized that Poland's constitution has some original regulations, too, which go beyond the known standards relating to the constitutional law.

並列關鍵字

Constitutional law ； Constitutional history ； Poland ； Adaption of law ； Rule of law ； Judical review

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