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Constitution of Poland
The Constitution of the Republic of Poland (Polish: Konstytucja Rzeczypospolitej Polskiej or Konstytucja RP for short) is the supreme law of the Republic of Poland, which is also commonly called the Third Polish Republic (Polish: III Rzeczpospolita or III RP for short) in contrast with the preceding systems.
The current constitution was ratified on 2 April 1997. The Constitution is also commonly referred to as the 1997 Constitution. It replaced the Small Constitution of 1992, a revision of the 1952 Constitution of the Polish People's Republic. It was adopted by the National Assembly of Poland on 2 April 1997, approved by a national referendum on 25 May 1997, promulgated by the President of the Republic on 16 July 1997, and came into force on 17 October 1997.
Poland (and its predecessor states) have had numerous constitutions throughout history; the 1505 Nihil novi was one of the first European constitutional acts. Historically, the most significant is the Constitution of 3 May 1791.
The five years after 1992 were spent in dialogue about the new character of Poland. The nation had changed significantly since 1952 when the Constitution of the Polish People's Republic was instituted. A new consensus was needed on how to acknowledge the awkward parts of Polish history; the transformation from a one-party system into a multi-party one and from socialism towards a free market economic system; and the rise of pluralism alongside Poland's historically Roman Catholic culture.
The attitude toward the past was articulated in the preamble, in which the citizens of Poland established a Republic "Recalling the best traditions of the First and the Second Republic, Obliged to bequeath to future generations all that is valuable from our over one thousand years' heritage ... Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland, ...".
Many articles were written explicitly to rectify the wrongs of previous governments. Article 21 protects the rights of ownership and inheritance, but the post-World War II PKWN-decreed and implemented land reform was not invalidated. Article 23 thus established the family farm as the basis of the agricultural economy. Article 74 requires public officials to pursue ecologically sound public policy. Articles 39 and 40 prohibit the practices of forced medical experimentation, forbidding torture and corporal punishment, while Articles 50 and 59 acknowledge the inviolability of the home, the right to form trade unions, and to strike.
Those involved in drafting the document were not interested in creating a de facto Catholic Poland. That said, nods were given in the direction of the church, to the effect of protecting common morality. For example, in Article 18, marriage is granted the protection of the state, and in Article 53, freedom of religion, religious education, and religious upbringing are protected.
The preamble emphasizes freedom of religion or disbelief: "We, the Polish Nation – all citizens of the Republic, Both those who believe in God as the source of truth, justice, good and beauty, As well as those not sharing such faith but respecting those universal values as arising from other sources...". Article 25 provides further protection, that public officials "shall be impartial in matters of personal conviction, whether religious or philosophical, or in relation to outlooks on life, and shall ensure their freedom of expression within public life."
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Constitution of Poland
The Constitution of the Republic of Poland (Polish: Konstytucja Rzeczypospolitej Polskiej or Konstytucja RP for short) is the supreme law of the Republic of Poland, which is also commonly called the Third Polish Republic (Polish: III Rzeczpospolita or III RP for short) in contrast with the preceding systems.
The current constitution was ratified on 2 April 1997. The Constitution is also commonly referred to as the 1997 Constitution. It replaced the Small Constitution of 1992, a revision of the 1952 Constitution of the Polish People's Republic. It was adopted by the National Assembly of Poland on 2 April 1997, approved by a national referendum on 25 May 1997, promulgated by the President of the Republic on 16 July 1997, and came into force on 17 October 1997.
Poland (and its predecessor states) have had numerous constitutions throughout history; the 1505 Nihil novi was one of the first European constitutional acts. Historically, the most significant is the Constitution of 3 May 1791.
The five years after 1992 were spent in dialogue about the new character of Poland. The nation had changed significantly since 1952 when the Constitution of the Polish People's Republic was instituted. A new consensus was needed on how to acknowledge the awkward parts of Polish history; the transformation from a one-party system into a multi-party one and from socialism towards a free market economic system; and the rise of pluralism alongside Poland's historically Roman Catholic culture.
The attitude toward the past was articulated in the preamble, in which the citizens of Poland established a Republic "Recalling the best traditions of the First and the Second Republic, Obliged to bequeath to future generations all that is valuable from our over one thousand years' heritage ... Mindful of the bitter experiences of the times when fundamental freedoms and human rights were violated in our Homeland, ...".
Many articles were written explicitly to rectify the wrongs of previous governments. Article 21 protects the rights of ownership and inheritance, but the post-World War II PKWN-decreed and implemented land reform was not invalidated. Article 23 thus established the family farm as the basis of the agricultural economy. Article 74 requires public officials to pursue ecologically sound public policy. Articles 39 and 40 prohibit the practices of forced medical experimentation, forbidding torture and corporal punishment, while Articles 50 and 59 acknowledge the inviolability of the home, the right to form trade unions, and to strike.
Those involved in drafting the document were not interested in creating a de facto Catholic Poland. That said, nods were given in the direction of the church, to the effect of protecting common morality. For example, in Article 18, marriage is granted the protection of the state, and in Article 53, freedom of religion, religious education, and religious upbringing are protected.
The preamble emphasizes freedom of religion or disbelief: "We, the Polish Nation – all citizens of the Republic, Both those who believe in God as the source of truth, justice, good and beauty, As well as those not sharing such faith but respecting those universal values as arising from other sources...". Article 25 provides further protection, that public officials "shall be impartial in matters of personal conviction, whether religious or philosophical, or in relation to outlooks on life, and shall ensure their freedom of expression within public life."