Konstytucja 3 Maja 1791
Constitution Of May 3, 1791

Summary/Abstract: Based on a speech held by Johannes Masing on the occasion of the 221st anniversary of the Polish Constitution of May 3, 1791, this article outlines this constitution’s position in the history of the modern constitutional state. It initially highlights the domestic importance of the constitution’s achievements in Poland against the background of the old Republic of Nobles’ shortcomings. The author subsequently contrasts the basic ideas of the Constitution of May 3 with French and American constitutional developments at the time. It is emphasised that these constitutional processes were aimed at a new legitimisation of public governance whereas the Constitution of May 3 maintained the rule of privileged estates. The absence of basic and human rights provisions in the Constitution of May 3 is also identified as a pre-modern element. On the other hand, the conceptualisation of an entire public system as achieved in the Constitution of May 3 is understood as a characteristic of modern constitutions. Further modern features are recognised in the formation of a singular electoral body, the association of electoral franchise with freehold, the understanding of all executive and judicial powers as merely derived authority, and the accountability of members of the executive branch to the Sejm. Masing concludes that while the Constitution of May 3 does not contain the modern constitutional scheme of legitimate governance exhaustively, it includes however many progressive elements. Looking at the constitution as a whole, it can be considered as the first modern constitution of Europe. Masing then covers the importance of the Constitution of May 3 for the self-concept of the Polish Nation. Finally, he demonstrates the striking resemblance between current deficiencies in European integration and the challenges faced by Poland in 1791.

• Details
• Contents