Triple division whether uniformity, or how the model of state organization has changed in Polish constitutions Cover Image

Trójpodział czy jednolitość, czyli o tym jak zmieniał się model organizacji państwa w polskich konstytucjach
Triple division whether uniformity, or how the model of state organization has changed in Polish constitutions

Author(s): Jakub Sromecki
Subject(s): History of Law, Constitutional Law, Interwar Period (1920 - 1939), Post-War period (1950 - 1989), Transformation Period (1990 - 2010), Comparative Law
Published by: Fundacja Niepodległości
Keywords: The principle of tripartite division of powers; the principle of uniformity of power; Constitution of 1921; Constitution of 1935; Constitution of 1952; Constitution of 1997;

Summary/Abstract: The subject of the article is an analysis of the provisions of four Polish Constitutions adopted in the 20th century, with regard to the model of the organization of state power defined in them, which is implemented by adopting one of the two principles, respectively the principle of the tripartite division of powers or the principle of uniformity of power. The author first presents the essence of each of these two principles. Then he offers a comparative analysis, divided into two parts. In the first part, the author compares the Constitution of 1935 with the Constitution of 1952, which both applied the principle of uniformity of power. Whereas, in the second part, he compares the Constitution of 1921 with the Constitution of 1997, which applied the principle of the tripartite division of powers. The analysis is aimed at presenting and as a result, showing that in the case of adopting the same principle – the tripartite division of powers or uniformity of power by two different constitutions, certain differences are visible in its formulation and practical application.

  • Issue Year: 2021
  • Issue No: 10
  • Page Range: 76-95
  • Page Count: 20
  • Language: Polish