Between uniformity and separation of powers: the systemic position of the Legislative Sejm Cover Image

Między jednolitością a podziałem władzy: pozycja ustrojowa Sejmu Ustawodawczego
Between uniformity and separation of powers: the systemic position of the Legislative Sejm

Author(s): Grzegorz Kuca
Subject(s): History of Law, Political history
Published by: Kancelaria Sejmu
Keywords: Legislative Sejm; systemic position; primacy; separation of powers; uniformity of power

Summary/Abstract: The purpose of the article is to determine the systemic position of the Legislative Sejm functioning between 1919 and 1922. The Sejm’s output is considered significant due to the fact that the terminated continuity of Polish systemic institutions was tantamount to cessation of the natural evolution of earlier solutions, which had become useless. Hence, constructing the new statehood proved the earlier legal regulations inadequate in the new circumstances. The author seeks to justify the opinion that the Legislative Sejm operated under the circumstances favouring the establishment of the principle of uniformity of power with certain elements typical for the principle of separation of powers. The choice was not incidental — it was not only a result of the prompt adoption of the little constitution, but also an expression of a broader European tendency to concentrate the supreme (“sovereign”) power in the parliament, which — as it turned out — served to emphasise the role of the Legislative Sejm in establishing the constitutional foundation of the renascent state in the form of the constitution passed on 17 March 1921.

  • Issue Year: 2018
  • Issue No: 6
  • Page Range: 85-98
  • Page Count: 14
  • Language: Polish