The March constitution – a constitution of paradoxes Cover Image

Konstytucja marcowa – konstytucja paradoksów
The March constitution – a constitution of paradoxes

Author(s): Marek Safjan
Subject(s): History of Law, Constitutional Law, Politics and law, Interwar Period (1920 - 1939), Sociology of Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Polish Constitution of 1921; separation of powers; fundamental rights; state liability in damages; decree laws; rule of law;

Summary/Abstract: This article presents a synthetic attempt to address the role that the March Constitution of 1921 has played in the development of the Polish constitutional thought. It discusses the achievements and the weaknesses of the March Constitution. On the one hand, its significant advantages included recognising a catalogue of fundamental rights, guaranteeing independence of the judiciary, introducing judicial control of administrative acts and state liability for breaches of law. On the other hand, its weaknesses lay in the lack of solutions to stabilise the position of the government, a broad and imprecisely defined status of decree laws, and the lack of constitutionality review of laws. The modern and democratic solutions of the March Constitution exceeded the level of advancement of the political and legal culture in the society, which led to abuse and distortion of its constitutional mechanisms, and to an inability to secure the rule of law.

  • Issue Year: 21/2022
  • Issue No: 1
  • Page Range: 7-23
  • Page Count: 17
  • Language: Polish