mała konstytucja z 1947

  • Mała Konstytucja z dnia 19 lutego 1947 r. – geneza i znaczenie

    Author: Wiesław Skrzydło
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    Author: Wojciech Zakrzewski
    Institution: Uniwersytet Marii Curie-Skłodowskiej w Lublinie
    Year of publication: 2012
    Source: Show
    Pages: 13-30
    DOI Address:
    PDF: ppk/11/ppk1101.pdf

    The paper discusses the patterns and some details of the Constitutional Act of 19th February 1947 on the system and scope of activity of the supreme organs of the Republic of Poland, which is also called the Small Constitution of 1947. The Small Constitution being a 65 year – old law is still under the historians and constitutional law scholars scrutiny and appraisal. In the light of certain studies it seems that this Act, previously read as an attempt to combine traditional democratic principles with the newly adopted communist rules of government, was more facade and a pretense than a true democratic device. It adopted the separation of powers principle and parliamentary rule (the parliamentary cabinet model). Despite the fact that the Small Constitution incorporated many provisions directly from the March Constitution of 1921, the scope of their legal and practical modification led to their distortion. The position and competences of the Legislative Sejm, the President, and the newly established Council of State were inconsistent with the separation of powers and the parliamentary system of government, as well. The detailed responsibilities of the Sejm, Council of State, the President opened the way to adoption of Soviet Union model of government. Thus, the role of the Small Constitution was to legitimize a communist authority and not to limit its powers. The same is true when we focus on the citizens rights and freedoms. The Declaration of realization of citizen rights and freedoms of February 22nd 1947 did not create the legal standards and guaranties of individual freedoms and rights. On the contrary, the constitutional status of individual was the result of current legislation. Under the rule of the Small Constitution, because of its temporary and incomplete nature, the “new authority” paved the way to enactment of the Constitution of 1952 modeled after the Stalin constitution.

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