Ewolucja konstytucji Republiki Białoruś w latach 1994–2022 w kontekście paradygmatów konstytucjonalizmu autorytarnego i konstytucjonalizmu populistycznego
The Evolution of the Constitution of the Republic of Belarus in 1994–2022 in the Context of the Paradigms of Authoritarian Constitutionalism and Populist Constitutionalism

Summary/Abstract: The paper traces the evolution of the contents of the constitution of the Republic of Belarus from its adoption in 1994 till the last amendments introduced in 2022. The theoretical basis of the paper is formed by the paradigms of authoritarian constitutionalism and populist constitutionalism, both of which are quite recent and as such, have not gained much traction in Polish Academia. Both allow us to capture the specificity of the background and main features of the evolution of constitutional law in non-democratic countries. The basis of the study is the initial text of the constitution of the Republic of Belarus from 1994, consecutively amended in 1996, crucial for the further shift of the political system towards authoritarianism, and the latest version of the same document from 2022, that can be described as constitution of the mature authoritarianism, already preparing for the future transfer of power. The paper asserts that both of the aforementioned paradigms can be successfully used to analyse the constitutional reforms of the contemporary Republic of Belarus. The 1996 reform estab­lished the supremacy of the President, who dominates over all branches of the government, since he controls not only the executive power but also the judiciary and the legislature. It disrupted one of the principles of a democratic state—the principle of separation of powers and the checks and balances mechanism of governance. The most recent amendments of 2022 feature many elements of populist constitutionalism. The reform implemented additional social guarantees, enforced conser­vative values, and introduced individual obligations regarding the historical memory of World War II. It also modified relations among the main branches of power. Generally speaking, presidential powers were limited, certain legal measures were introduced to protect him after the end of his ten­ure, and a new body was created, officially as a mean to implement the principle of people’s rule—the All-Belarusian People’s Assembly. It serves as a mechanism of a direct expression of society’s interests, but also, to a certain extent, as a super-parliament, due to its capacities to repeal legal acts of other state authorities. In summary, consecutive constitutional reforms in the Republic of Belarus between 1994 and 2022 were aimed at reconfiguring the model of governance towards one that formally still adheres to the values of a democracy, including the rule of law and pluralism. Constitutional amendments gave these institutions new contents and expanded them, mainly to limit political pluralism while officially striving for direct communication between the government and society. Therefore, norma­tive changes did not directly result in the emergence and consolidation of a non-democratic regime but rather enabled the political system to evolve in such a direction on its own.

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