Geneza, prawnoustrojowe zasady i prawne procedury tworzenia i uchwalenia Konstytucji Rzeczypospolitej Polskiej z 2 kwietnia 1997 r.

Abstrakt

The Constitution of the Republic of Poland, adopted on 2 April 1997, is the basic legal act regulating the organization of the state, the principles of the political system and the legal shape of the constitutional system of the Polish state. It is a fundamental law that regulates the principles of political and socio-economic system in the Third Republic of Poland. The scope of the regulation of the constitutional system by the Constitution of the Republic of Poland of 2 April 1997 includes norms considering the organization of state power and, to a significant extent, the organization and constitutional tasks of the society in a democratic state. The current political and socio-economic system is to a large extent conditioned by the evolution of constitutional regulations and practice, based on reforms of the political system implemented as part of the constitutional and political transformation in the period of 1989 - 1997. The adoption of the Constitution of the Republic of Poland in April 1997 and the procedure for its preparation and adoption regulated by the constitutional law of 1992 were determined by the evolution of constitutional and political solutions and political practice as part of the constitutional transformation. In specific cases, it was politically conditioned to shape the liberal democratic system in the Third Republic of Poland. The adoption of the new Constitution of the Republic of Poland was promised by the „social contract” concluded at the Round Table Conference on 5 April 1989. The fundamental scope and shape of the political reform, agreed as a result of the political negotiations of the Round Table, were determined by the provisions included in the social contract under the title “Position on political reforms”. This document stated that the task of the parliament elected in the elections which took place that year was to create a new democratic Constitution of the Republic of Poland and new democratic electoral law. Political agreements concluded during the Round Table Conference laid the foundations for the commencement of fundamental reforms in the political and economic system of the state in 1989 and created a valid justification and favorable political climate for the adoption of the new Constitution of the Republic of Poland.