Sądy w Konstytucji marcowej. Uwagi z okazji 100 rocznicy uchwalenia Konstytucji z 17 marca 1921 r.
Courts in the March Constitution. Comments on the 100th Anniversary of the adoption of the Constitution of 17 March 1921

Summary/Abstract: The 100th anniversary of the adoption of the Constitution of 17 March 1921 calls for reflection on its content as well as its practical application. Being the first constitution after Poland’s partitions, it was unanimously passed on March 17, 1921, as a result of a political compromise between the parties present in the Legislative Sejm. In the judicial field, it contained detailed guidelines for future courts, laying down the principles of the new organization of the judiciary system in Poland. The The Law on the System of Common Courts, issued in 1928 by the ordinance of the President of the Republic of Poland, entered into force on January 1, 1929, thus in different conditions and political form, after the May coup and the amendment of the March Constitution in 1926, when many of its principles were criticized by the ruling government group. As a result, not all principles set out in Chapter IV The Court were implemented in practice (e.g. the introduction of courts of peace and jury was abandoned, the basic principles of independence and irremovability of judges were subject to limitations, e.g. by their suspension during the reorganization of the judiciary related to the implementation of the new The Law on the System of Common Courts. From the battle of the legislature (supporting in 1928 the expectations of the court circles) the latter emerged victorious, what was proved by the staff changes, motivated in the case of the Supreme Court by political reasons (including the retirement of the First President of the Supreme Court, W. Seyda) and the President of the Criminal Chamber of Supreme Court A. Mogilnicki), as well as subsequent amendments to the The Law on the System of Common Courts, departing more and more clearly from the principles expressed in the March Constitution.

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