Poland’s first written constitution was proposed on 3 May 1791, making it the second oldest written constitution in the world. The constitution stipulated the decentralization of state power and emphasized the notion of division of powers whilst at the same time providing for a system of checks and balances. The Sejm was the official legislative branch, consisting of two chambers, the Senate and the Chamber of Deputies.

Aware of the inefficient structure of government of the past, the outcome of an all powerful legislative, the constitution aimed at limiting the powers of the parliament in order to balance it to the other branches of the state. For example, the liberum veto, a parliamentary device in the Polish-Lithuanian Commonwealth which had formerly required unanimity in the decision making process, was abolished. Moreover, the constitution put an end to royal elections by restoring the system of a hereditary monarchy. Only in effect for a short period, the 1791 constitution became a symbol of Poland’s national identity and strengthened the thought of a special connection between Catholicism and constitutionalism, due to the declaration of the supremacy of Catholicism in the constitution.

The Constitution of 1791 was followed by the Polaniec Manifesto on 7 May 1794, which represents a famous legal document of the Polish uprising against its Russian occupiers, who invaded the country in 1792. The Manifesto intended to motivate the peasantry to fight for the freedom of Poland by granting peasants broad civil liberties, most of which had not been included in the constitution of 1791.

In 1815, the Kingdom of Poland was restored under a new constitution as a separate possession of the Russian Empire at the Congress of Vienna. It was not until the end of World War I that Poland was finally able to reemerge an independent nation. On 20 February 1919, the “Small Constitution” was adopted and remained in effect until the final constitution was adopted on 17 March 1921. Modeled after the French constitution of 1875, the constitution provided for tripartite division of powers, a strong local government and restored Poland as a democratic republic. Again, the bicameral legislature obtained broad powers at the expense of the judiciary and the executive. Moreover, the constitution included a broad catalogue of civil liberties; amongst others the freedom of speech, freedom of the press, freedom of assembly and private property rights. Similar to the 1791 constitution, the importance of Catholicism for the Polish nation was highlighted, however whilst paying respect to religious freedom.

Following years of authoritarian rule, the constitution of 1935 introduced to Poland a presidential system by limiting the role of the Sejm and delegating most state power to the President. The emphasis on the powers of the executive was a reaction to the former inefficient system of government, which had provided for political decisions being dependent on the will of the legislative. Not only was the President the head of the government but the “Chief of State” and could be reelected unlimitedly. The constitution of 1935 moreover enabled the executive, amongst others, to appoint and dismiss members of the government and judiciary as well as the right to convene and to adjourn the chambers of the National Assembly. Civil liberties and individual rights, which had been introduced by the 1921 constitution, remained valid up to a certain extent under the 1935 constitution. However, the 1935 constitution focused more on the idea of “social solidarity”, elevating the state’s interests above those of the individual, and contained certain elements of an autocratic government.

After World War II, Poland was reconstituted a Soviet satellite state. The new constitution was the transitional or so called “Small Constitution” of 1947, followed by a Soviet-style constitution adopted on 22 July 1952. The 1952 constitution renamed the Republic of Poland into “The Polish People’s Republic” and declared that power and authority was with the “working people”. In fact political control was not vested in the people but centralized and collective interests stood above individual rights. Enforcement mechanisms for individual rights and freedoms as well as the tripartite separation of power were eliminated and the principle of a planned economy was introduced. After its coming into force, the 1952 constitution was subject to many changes and amended several times, especially after the establishment of the so called “Solidarity movement”.

The President is the supreme representative of Poland. He is elected for a five-year term and only may be reelected once. The president represents the country in foreign affairs, ratifies and renounces international agreements, appoints, recalls, and receives diplomatic representatives and cooperates with the government on foreign policy. As the supreme commander of the armed forces, he has the power to grant citizenship and pardons, confer orders and decorations. Moreover, he may convene the cabinet concerning some matters and may issue regulations, executive orders and other “Official Acts”. In case of an infringement of the Constitution or statue or the commission of an offense, the President can be held accountable before the Tribunal of State.

The government consists of a Council of Ministers led by a Prime Minister, who is nominated by the President and normally a member of the majority coalition in the Sejm. The Prime Minister appoints members of Council of Ministers, organizes its work and develops an overall government agenda. The Council of Ministers coordinates the activities of the ministries and their subordinate entities, compiles and presents the annual state budget and guides foreign policy and controls the field of national defense.

Legislative power is vested in the Sejm and the Senate. When deciding on an issue in joint session, they act as the National Assembly. Candidates to both chambers are either nominated by political parties or voters, following procedures specified by statue. The 100 Senators and the 460 deputies of the Sejm are elected by the people every four years. Among the prominent changes in the 1997 constitution were the elimination of a national list regarding the election of deputies and the introduction of an electoral threshold, stipulating that only parties obtaining 5% of the votes enter parliament, with some guaranteed seats for small ethnic parties. It is the duty of the Sejm to control the Council of Ministers. Bills may be proposed by deputies and senators, the President, the cabinet, and 100,000 citizens entitled to vote. After a bill has been passed by the Sejm and approved by the Senate, the proposed bill has to be signed by the President. Concerning constitutional amendments, the proposed amendment has to be adopted by the Sejm by a majority of at least two thirds and requires the presence of at least a half of the deputies. In specific areas, constitutional amendments must fulfill additional requirements.

The 1997 constitution created a Supreme Court and lower “common” courts as well as special administration and military courts. The President nominates the judges for an indefinite period on the basis of the proposal of the National Council of the Judiciary. The main task of the Supreme Court is to supervise the judgments of the common and military courts.

The Constitutional Tribunal, composed of fifteen judges who are chosen by the Sejm, is endowed with the adjudication of the constitutionality of laws passed by the other branches and individual actions concerning the infringement of constitutional rights. The Tribunal of the State has jurisdiction to try senior government officials for statutory of constitutional violations committed in the performance of their official functions. An Ombudsman shall look after the protection of citizens’ rights.