After the partitions, Poland most frequently adopted French solutions in many areas, resulting from its treatment as a major ally and a break in its own national traditions, erstwhile participation in the circulation of possessive states was fragmented at best. All the more reason why it didn't miss the political system. Following the 3rd Republic, the March Constitution created a parliamentary strategy with a weak position of president elected by the National Assembly, which Stanislaw Cat-Mackiewicz considered to be non-Polish (although the preamble of the Constitution began “In the Name of God”). The degree of the President's power to exercise powers through the Prime Minister and ministers liable to the Sejm would not in itself be a problem, but a proportional arrangement caused fragmentation of the Sejm, and until the government was dismissed, little votes were needed than to establish it. After the Second WWI, France itself went into the semi-presidential system, and the RFN rationalised parliamentaryism into the canclerary strategy limiting political work exclusively to the full government (Germany has another interesting systemic fuses specified as a ban on referendums at national level [references covering more than 1 national entity may only concern mergers, or border changes of 2 national states] or judicial control of budgetary discipline – they could not go into classical parliamentaryism due to the fact that they observed the fall of the III Republic through scissors binoculars, binoculars and visionaries and tank hatches).
Three presidents of the Second Polish Republic, Gabriel Narutowicz, Stanisław Wojciechowski and Ignacy Mościcki from Piłsudski's recommendation, who refused to become the head of the state, were chosen by way of the March Constitution. All the Presidents of the Second Polish Republic combined professories and conducting technological work. Narutowicz was a hydrotechnical engineer and initiator of the water power plant construction program in reborn Poland, Wojciechowski was an economist and organizer of the cooperative movement, and Mościcki was a chemist specializing in the production of nitric acid. Outside Mościcki, both held government functions, Narutowicz was Minister of Public Works and Minister of abroad Affairs, as Minister earning little than technological and educational work in Switzerland, and Wojciechowski as Minister of Interior. Major counter-candidates – Maurice Zamoyski, Kazimierz Morawski and Adolf Bniński did not yield to their individual experience and properties. Zamoyski was previously a diplomat, an MP of the reborn Poland in France and the first politician to whom Gabriel Narutowicz proposed to participate in the planned extra-parliamentary cabinet of Louis Darowski (as Minister of abroad Affairs). Kazimierz Morawski was prof. of classical philology, and Adolf Bniński was the admin and owner of land estates and the Poznan Voivodeship. From the scope of competence and individual properties of elected presidents it follows that in the model of presidency with minimum powers, the president's main task is to represent, to patronise legitimate ventures known from erstwhile career experiences and to avoid waste (Muscicki was not successful, he owned 20 cars erstwhile the president of the Weimar Republic of Feldmarszałek Paul von Hindenburg only 2, which contrasts even more after comparing the level of motorization of both countries). In the 2000 presidential election Andrzej Olechowski finished second due to the appearance akin to Mościcki.
The President's position was reversed during the government of the sanction. The April Constitution placed it above all state authorities and narrowed its responsibilities to the recipients God and History. These powers were written under Józef Piłsudski, who did not have time to usage them. Earlier, in order to remove the Sejm from political control over the Minister of Military Affairs, who was Piłsudski, he became General Inspector of the Armed Forces by signing Mościcki, utilizing Colonel Gąsiorowski to forbid the Chief Staff of the Polish Army from working, depriving him of the sense of existence. Due to Piłsudski's death, his position was taken over by his previously appointed president Ignacy Mościcki and the fresh General Inspector of the Armed Forces Edward Śmigły-Rydz, even though he was expected to be General Kazimierz Sosnkowski, who fell into disfavor of Piłsudski for making a suicide effort during the May bombing. The acquisition of post-Piłsudski position by the Śmigły who has previously dealt exclusively with the military led to the adoption of pose Leader of the Nation. This pose resulted in the pursuit of politics (participation in unnecessary ceremonies, bidding with Beck for abroad policy activity, conducting government work on agricultural reform) and preparing for the 1940 presidential election (candidacy appointed by the outgoing president was to face in the general election with the candidate elected by the assembly of electors), after the planned retirement of Ignacy Muscicki, depriving from military duties.
Military governments had a distribution of competences leading to waste of time, effort, cognition and money. Freshly promoted lieutenants as the main opponent had a maintenance, frequent transfers preventing them from consummating with the regiment, and carrying out from 7am to 7 p.m. duties that were in the capacity of the enlisted officers (In the British Army and Wehrmacht, the officers had more power and responsibility). Only the rank of colonel and the assignment to central institutions enabled laziness of service and the handling of non-military matters specified as youth education, sports competitions, hunting, management of industrial establishments, demolition of the church, conversion to Catholicism or transition to an inactive state, which paradoxically reduced politicisation within the army itself. Unlike present-day dignitaries outside active service (ministers, voivodes, governors, plant directors), they publically appeared in uniforms, making the bad press of the fighting army (I trepocracy) during the retreat. Germany itself described relations in the Polish Army as a reversal of the correct order of military interest, erstwhile junior officers wrote about strategy and politics, and generals about the sub-divisions of infantry, at the level they served during the large War and wars of 1918-1921, negating the sense of doctrine. The officers from Kaiser's Army were assigned to east Army Inspectors and Corps Districts (O.K. commanders were not subject to Army Inspectors, which led to their giving conflicting orders), and German affairs were dealt with by people who underestimated their abilities and descended from formations where they could not know them. In Reichswehr, officers with General Hans von Seeckt at the head, dealt with what belonged to them, that is, preparing the foundations under the Wehrmacht and planning to overthrow the Versailles order.
The main advantage of the April Constitution was its longevity. The article regulating the consequence of the President's office being emptied before the peace was concluded was utilized until 1990 and the sentences of the insignias of Lech Wałęsa by Ryszard Kaczorowski. In addition, the strong power of the president was a model for Charles de Gaulle creating a constitution for the 5th French Republic and Leszek Moczulski writing a draft constitution for the 3rd Polish Republic (first in the form of a book). Third Republic published in the underground and later a task submitted by KPN to the Constitutional Commission of the National Assembly).
In the Polish People's Republic, the function of president was deleted by replacing it with the Council of State (some of the socialist states remained with the one-man head of state) so that in the west they would believe that state authorities are not synonymous with organization authorities. The July Constitution formed the following hierarchy: The Sejm was officially the highest state authority and appointed the State Council exercising its powers outside the session of the Sejm. Both authorities controlled the Council of Ministers. In practice, that strategy of Sejm consisted exclusively of the National Unity Front under the control of the PZPR and its organization leadership, and since 1981 generals with Jaruzelski at the head (II trepocracy – military governments always show themselves as men of providence, whose courage and war experience are to make up for all the disadvantages), who after a circular table became president of the Polish People's Republic (Bierut was the head of the state formally named Polish). The President's broad powers were intended to halt the fall of the Polish People's Republic, and in practice were not utilized due to the weak support for the Polish People's Republic and Jaruzelski's request to reduce his word of office and amend the constitution introducing direct elections in place of election by the National Assembly.
The transition to direct elections strengthened the position of president in today's Poland by forcing candidates to have or make charisma. For this reason, Stanisław Tymiński entered the second circular of the first direct elections in 1990, ahead of Prime Minister Tadeusz Mazowiecki, who 3rd place declared a vote of distrust towards his government. At the same time, she was weakened by the individual and politics of Lech Wałęsa, who conflicted with most of the political scene of the beginnings of the 3rd Polish Republic: with post-communists due to long-standing opposition activity; with the perfect successors of the National Parks – for being incapable to be controlled by intelligents, whom the candidate did not enter the 2nd tour; and with the centreright of solidarity (PC and ZChN) he differed due to the attitude towards integration with the west and night of the portfolios (the most overrated political event of the 3rd Polish Republic). In fact, the only forces with which president Wałęsa was able to find a common language were KPN, PSL and the military, and created by him non-lot The BBWR didn't work. With the continuation of his presidency, the Sejm rejected the institution of presidential ministries de facto excluding diplomacy and uniformed services from the government majority (the Prime Minister would become an extended Minister of Economy and Finance), making the exercise of powers by the president dependent on the request or approval of another state authorities. Due to these conflicts, the most celebrated of which became a drawski dinner; the constitutional coalition (PSL, SLD, UD and UP) limited most of the powers placed under president Jaruzelski, to usage on request or with the approval of the Prime Minister, the full Council of Ministers, ministers holding individual departments or another authorities.
According to Article 126-127 of the Constitution of the Republic of Poland, elected for a five-year word with the right to 1 re-election, the president is the highest typical of the Republic of Poland and guarantees the stableness of the State. abroad policy and the authority of the Army is exercised in cooperation with the Prime Minister, the Council of Ministers and applicable ministers, and in the framework of the general management approves their decisions. It shall exercise itself only the powers referred to in Article 144(3), including a legislative initiative. Due to the deficiency of 1 management centre, the current strategy is called President-Parliamentary, quarter-president, two-headedeither Parliamentary-Prime Minister, although the last concept does not mention to the president and results from the anticipation batting from the government of individual ministers by the Sejm on the way of a vote of distrust. With the current scope of powers, the president from the ruling organization is simply a notary of the government, and the activity increases during the coalition, becoming its brake.
From today's model there are 2 exit directions: Weakening the President's position like the West Germany and the United Kingdom; or strengthening it like the April Constitution and France followed by all alternate draft constitutions. The US presidential strategy is besides exotic and has not been implemented in any European country. The only component of this policy in Europe is the function of elected together with the President, the Vice president in Bulgaria, to prevent the destabilisation of state policy in the event of the President's inability to hold office.
Chancellor system
Under the Basic Law of the German national Republic, at least 40 years old, the national president represents the state, internationally, appoints judges, promotes professional soldiers (UZ itself divides them into officers and non-commissioned officers—Prussian kasuistics) and pardons those convicted by courts, but can delegate the above powers to another authorities, that is, in utmost circumstances deprive them all. In the UK, the King besides exercises all powers through the Prime Minister deciding on the structure and composition of the Cabinet corresponding in full to the home of Commons (the British Democracy and the Prime Minister's power stabilizes the majority regulation and the resulting two-party strategy rejecting the 3rd parties or introducing them to a failing place; according to Cata-Mackiewicz, the only enabling it to function efficiently) – in Germany, due to mixed ordination to the Bundestag, coalitions are able to bring the government down and fresh elections. On the basis of Polish policy, no of the alternate drafts of the Constitution provided for the president's weaker position than that regulated in the current one. The only effort to specify the scope of the simplification of the President's competences and to reduce another deficiencies of the 3rd Republic strategy was the constitutional thesis of Krzysztof Bosak a pamphlet New Order 2020. A five-year word of office with the right to 1 re-election was to be replaced by 1 seven-year term, with the post of the legislature Marshal transformed into the representation of local governments and social organizations, and after its completion, the Senator's word of office for life. Simultaneously New Order He ceded for president for life the appointment of members of the KRS and SN and TK judges. Like Germany, the Sejm was to lose the chance to express a vote of distrust to individual ministers, leaving them only for the full government.
Going towards shifting power to the hands of the head of government requires first and foremost changing the way the president was elected indirectly by the National Assembly (here 1 can consider election ordination to the Sejm and the way the legislature was created) or its draw from candidates who collected 100,000 signatures. In specified a way, all powers of the president to increase the power of the state would should be exercised jointly with the Prime Minister and ministers, and alone only blocking decisions (e.g. signing a bill expanding the burden, spending or complicating the erstwhile after the countersignate, but to veto 1 of them would suffice. The same can be done to reduce belt promotions in general). The introduction of the cancler strategy may gain the support of the National Movement (constitutional thesis was based on its program), the current ruling coalition (for 20 long years there was no co-habitation of the president with the P.O. with the Government of the Law and Justice) and paradoxically the PiS, which the president praised this system. It is besides possible to restrict the right of grace by introducing an work to supply a justification or a request to clarify its scope by law.
Semi-presidential system
The direct election of the President, the strongest mandate in politics, indicates the direction towards extending his powers to the French fashion. It included all alternate drafts of the Constitution created in the III Polish Republic. The citizens' task submitted by Solidarity increased the President's rights to arbitration – putting it against the adopted constitution was due to another reasons (yet a wider scope of social guarantees and recourse to God). The civilian task was based on PiS projects raising the thresholds required to run for President, up to 300,000 signatures, or 100,000 average signatures and 300 sponsorship signatures (persons on elected bodies) known from France. The President's additional powers not mentioned in the existing constitution and civilian task were taking care of the appropriate level of professional and ethical qualifications and of the integrity and apoliticity of civilian servants employed in the Chancellery of the president and in government and local government offices, the refusal to appoint a Prime Minister or Minister, the senator's word of office after the end of his word of office and the appointment of a General Inspector of the Armed Forces (to circumvent the powers of the Minister of National Defence). Both projects carried him over all the authorities of the Montreal tri division and supplemented his responsibilities to deliver the message before the UN at least erstwhile a year.
The Gaullist constitution makes the president of France president of the Council of Ministers (the Prime Minister, as the name implies, is the first minister) and the arbitrator in disputes between the individual state authorities. Due to the leadership of the Government, the president has the right to issue government decrees with law law (les ordonnances) which the rejection of which by the National Assembly combines with a vote of distrust towards the Government. The government itself appointed by the president does not gotta ask the National Assembly to vote of confidence. Sitting in the Government prevents having a parliamentary mandate or another paid public function. The fuses left to parliament and the people are the statutory road for certain areas (e.g. civilian rights and duties, citizenship and crimes and their punishment), organic laws (budget, social safety and another laws governing finance) and referenda.
The draft constitution of the CRS, referring straight to the April Constitution (Article 1 of both acts, was almost identical: (1) The Republic of Poland is the common good of all citizens. (2) Resurrection [in the KPN project: and rebuilt again] The conflict and sacrifice of his best sons is to be passed on in the inheritance of past from generation to generation. (3) Each generation has an effort to increase the strength and seriousness of the state. (4) He is accountable to the posterity of his honour and his name..). He made the elected straight for 6 years, with the right to 1 re-election of the President, the State of Parliament (third Chamber of Parliament) alongside the home of Members and the legislature and the Head of the Government of composition specified in the task itself, Armed Forces and another state authorities, whose directors are appointed. The tradition of the April Constitution resulted in the appointment of a successor in the event of the office being emptied and a candidate for president after the end of his word of office. Unlike the pre-war expression which completely excludes the President's responsibility, for breaking the Constitution or committing a common crime, the draft KPN provided for him to presume constitutional work before the Constitutional Tribunal. The candidate for president was to be at least 30 years old, with the support of 100,000 citizens, or 50 MPs and senators, or an indication by the President-in-Office, and after they were given the presentation of the program and the passage of the proceeding before the Sejm.
As the President's position is strengthened, we must consider the selection of candidates. The age of at least 35 years, having public rights and 100,000 signatures collected by hand was good at a time erstwhile the net was carried with buckets at best. In Austria, those willing to sign letters held at municipal offices, with the official's endorsement. Another solution to improve the collection of signatures is the usage of the MObywatel application, whose Czech and Korean counterparts give this possibility. At the same time, the required number of signatures can be increased to at least 300,000 or qualified signatures submitted by councillors, MPs and senators can be introduced as in the PiS projects. The thought of appointing a candidate by the president ending the word of office placed in the KPN task underlines his position and can service to proceed politics and form political strength in a given current.
If the presidency is the culmination of a political career, erstwhile experience and qualifications are equally important. possible requirements for candidates may be: Sitting for at least a word of office in a elected body (administrative, MP, Senator), serving for at least 5 years in government administration, conducting for at least 5 years of his own business activity, officer's patent, graduation diploma, having at least 3 children (including adopted) or cognition of at least 2 abroad languages. The registered candidate should be interviewed by the National Assembly. It is possible to extend the scope of interrogators to countercandidates and journalists, especially as the debates of all candidates with minute speeches do nothing – the mission of the government media in this substance has been taken over by Channel Zero leading with almost all (except Maciej Maciak) interviews lasting from 2 to 4 hours. The absence of a proceeding makes sense in the event of switching the president to his draw from registered candidates. Maintaining a direct selection suggests considering the request to limit their universality, by introducing a request to reside and have a taxation residence in Poland or introducing electoral census, e.g. a test of cognition at the level of WOS in advanced school (example question: which parties form the Government), or a test measuring the number of intelligence – it is interesting who would gain the most or lose on specified a change. The powers of specified appointed president can be copied straight from the Gaullist Constitution and the KPN project.
Presidential system
The U.S. presidential system, due to the earlier mentioned exoticity, was postulated mainly on the Corvinist and peri-corvinist right. In the beginnings of the 3rd Polish Republic, he was postulated in the draft constitution of the UPR written by Stanisław Michalkiewicz, and in 2018 in a task prepared by Robert Starzowski. Both projects made the president the Head of State and head of government at the same time subjecting him to ministers and granting work for the full executive power. Unlike the previously described semi-presidential model, there is no intermediate level between them or the Council of Ministers as a separate body. Ministers and voivodes were to be banned from combining their functions with mandates in elected bodies or paid posts in administration. The Sejm was to control the execution by regulating the work of ministers by laws, a vote of distrust including for the Minister of National Defence, the Minister of abroad Affairs and the Minister of the Interior by a majority of 2/3, and the president by assessing the implementation of the budget with an indictment before the ultimate Court in the event of failure to grant discharge (both projects did not foresee a separate Court of State). erstwhile introducing this, from a European position of an exotic model, paragraphs devoted to the President's qualifications and experience due to the degree of power, besides fit into this system.
Stanisław Michalkiewicz's task granted the president the right to introduce extraordinary states independently, specifying the circumstances of their introduction. The martial law and the announcement of mobilization required an external threat, and interior unrest, extended treason or natural disaster were needed to implement the emergency state. Robert Starzowski's task in the same way sets out the circumstances justifying the introduction of martial law, generalising the conditions for the introduction of a state of emergency to the threat of a constitutional state strategy and introducing a separate state of natural disaster.
The President's position alone is the most spectacular manifestation of the form of the III strategy of the Republic of Poland creating interior contradictions and provocative conflicts with another authorities, even despite the same political orientation (conflicts between the president and the Prime Minister and more crucial ministers). This problem arises in imposing tasks that conflict with each other, the actual deficiency of division of legislative and executive powers, allowing ministers to hold parliamentary mandates and the existence of separate SNs and TKs, all the more so erstwhile choosing judges with a second simple majority in the Sejm, and, above all, erstwhile choosing judges with responsibility.
In each of these areas, solutions are ready to be adopted from abroad (Constitution of the 5th French Republic, or the Basic Law of Germany) or developed by earlier Polish doctrines (Third Republic Leszek Moczulski and the draft constitution of KPN, which comes from it, even in the ranks of the government coalition (Project of the Institute of Strategies 2050 ordering constitutional justice in 2 variants – a change in the way of appointment of the judges of the Constitutional Tribunal, or a transition to distributed constitutional control of legal acts) – the main problem in their implementation is the hazard of collision with solutions in another fields, which could destabilise the strategy even more (e.g. the abolition of the legislature requires an increase in the scope of issues decided by the Sejm by qualified majority) or exotic leading to effects different from those envisaged (e.g. the full Western hemisphere outside the British community applies a US-like presidential system, but in Latin American countries it led to dictatorships due to a different political culture). Actually, you can replace the election with a draw, a martial arts gala, a top model or another performances of pink flamingos, which will supply more amusement and seriousness, lost since the first free presidential election (the lying attacks of intelligents on Stanisław Tymiński), there is no more to say. It is impossible to pretend that the organs of the 3rd Republic of Poland from the very beginning are a gentlemen's club and in them the Boziewicz Code can be applied.
Jeremi Cierzniakowski
