Instytucje sprawowania władzy przez suwerena w świetle Konstytucji RP z 1997 r.
Institutions of Exercising Power by the Sovereign in the Light of the Constitution of the Republic of Poland of 1997

Summary/Abstract: Polish Constitution of 1997 grants power in the Republic of Poland to the Nation, which exercisesit either directly or indirectly. The aim of the paper is to answer the question of whatspecific institutions the sovereign has when exercising power, and whether this power is realor more of a certain (political) declaration. Undoubtedly, the most important institution of exercisingpower by the people is their right to elect the Sejm, the Senate and the President. Theanalysis carried out shows that some of the electoral censuses provided for in Article 62 do notmeet modern standards in this regard. The Constitution also leaves too much freedom to thelegislator in shaping the electoral system. The institution of a referendum is also not very effectivein the process of exercising power by the sovereign. Citizens are primarily deprived of thepossibility to initiate a compulsory referendum. The same conclusion applies to the citizens’ legislativeinitiative. Citizens do not have the right to initiate a law on amending the Constitution,and the statutory regulation of the citizens’ legislative initiative leaves much to be desired. Onthe other hand, the participation of citizens in the administration of justice seems interesting.While the institution of lay judges is not questionable in this regard, serious reservations can beraised about the proposal to introduce justices of the peace or social commercial judges. All thisleads to the conclusion that the power of the Nation as sovereign is to a large extent a politicaldeclaration, and the most important institution implementing it is elections. That is why theyare so important.

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