POJĘCIE WŁASNOŚCI W DEBACIE PRZED UCHWALENIEM KONSTYTUCJI Z 17 MARCA 1921 R.
THE NOTION OF PROPERTY IN A DEBATE BEFORE PASSING THE CONSTITUTION OF 17 MARCH 1921

Summary/Abstract: The article discusses the problem of formulation of the right to property in the course of work over the March Constitution. The main axis of the article are considerations over models of property contained in drafts presented to the Legislative Sejm and conceptions submitted by political parties in a constitutional debate. The article describes conceptions of the right to property dividing them into three most important ones, which crystallized in the course of work over the March Constitution. The first one is connected with work of the government, accepts solutions relating to the Enlightenment thought, assumes inviolability of property and limited possibilities of expropriation. The second one, connected with peasant parties and W. Wakar's activity also refers to a liberal conception, however it accents the role of soil under cultivation as the „immemorial workshop of Polish work”. A model presented by peasant parties was in the first place secure execution of the agricultural reform. The third one presented by socialists, who proclaimed the need of nationalisation of the economy, aswell as securing interests of working people. They underlined that the state was aiming at new forms of production and social life, thus it should be exposed in formulas and constitutional institutions. The article also presents performance of the Constitutional Commission of the Legislative Sejm appointed to present the final draft. It analyses models of the right to property, which had the greatest influence on work of the Commission. It also presents basic opinions of political parties on a question of property presented during the debate of Sejm.

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