SAMORZĄD TERYTORIALNY W POLSCE W ŚWIETLE KONSTYTUCYJNEJ ZASADY PODZIAŁU WŁADZ
SELF-GOVERNMENT IN POLAND IN THE LIGHT OF THE CONSTITUTIONAL PRINCIPLE OF THE SEPARATION OF ESTATE

Summary/Abstract: RESEARCH OBJECTIVE: The article discusses the status of self-government from the perspective of the principle of the separation of powers established in the Constitution of the Republic of Poland. Three research problems are examined: Did the traditional conceptions of the separation of powers distinguish the local government? In the view of the constitutional principle of the separation of powers, can self-government be regarded as an estate? What does the concept of the fourth authority mean in relation to self-government? THE RESEARCH PROBLEM AND METHODS: The research employed research methods from the disciplines of political and administrative sciences and law sciences: the method of analysis and criticism of scientific literature, the linguistic-logical method, the theoretical-legal method and the institutional method. THE PROCESS OF ARGUMENTATION: The article presents selected traditional concepts of the division of powers, including Montesquieu’s theory which is the basis for the contemporary principle of the division of powers, distinguishes three positions on the relationship between the principle of the division of powers and self-government and indicates what the concept of the fourth estate means in relation to self-government. RESEARCH RESULTS: Self-government may be considered a fourth estate in an informal meaning. The term fourth estate is used to emphasise the importance and value of certain institutions, while in the light of the principle of the separation of powers local government cannot be considered as one of the authorities in the state. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Montesquieu’s concept of the separation of powers is the framework for the organisation of contemporary democratic states, but it does not embrace all their complexity. Therefore, proposals are becoming increasingly popular to supplement this division with additional divisions, such as the vertical separation of powers or Multi-level Governance.

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