Legal government, or just effective?

The following shows the “chain of nullity” — consistently based on the provisions of the Constitution of 23 April 1935 (Journal of Laws No. 30, item 227), and on the absolute rule that according to it, the applicable law must be announced in the applicable government diary in order to have power

Starting point – what precisely did the April Constitution order?

Article 16(1) to (3) - The change of constitution requires the consent of 2⁄3 Sejm and Senate, the President's signature and announcement. As long as there is the office of the president and a bi-zabbatic parliament, no another body can "beyond the rule" itself renew the basic law.

Articles 24 to 25 - The president signs the laws (including constitutional ones) and manages their announcement in the OJ ; without this act it is invalid . All subsequent ‘systemic laws’ without the signature of the head of state stay within the scope of the project.

Article 2 - “Poland is simply a single and indivisible country, and the sovereignty belongs to the Nation. “Only the authorities indicated in the Constitution (Sejm, Senate, President, Government) can exercise this power.

2. First step of annulment — PKWN Manifesto (31 XII 1944)

• PKWN is not listed in the 1935 Constitution as a legislative body.
• The Manifesto was not accepted by the Sejm, it was not signed by the president of Poland (on emigration).
• It was not published in the diary of Laws of the Republic of Poland; it was published in the "Journal of Laws of PKWN" – formally non-binding for the constitutional order of the Second Republic of Poland.

Conclusion: The Manifesto could not effectively “resurrect” the March Constitution or suspend April — constitutionally it is simply a part of paper.

3. Second step of annulment — Legislative Sejm and alleged tiny Constitution (19 II 1947)

• Convening the Sejm by the president (Rule 28) - No – The Legislative Sejm has chosen the National Council, which does not be in the Constitution. Legislative Sejm is an external body - deficiency of legal power.
• Consent of the legislature (Articles 16(1), 55 to 56) - No – the legislature was abolished by the KNN decree, besides without foundation in the 1935 Constitution. The deficiency of 1 of the authorities required to amend the Constitution - nullity.
• President's signature and promotion (Articles 24-25) - No – president Raczkiewicz Zaleski on emigration did not sign anything. No promotion in the OJ - nullity.

Conclusion: Neither the Legislative Sejm itself nor the “Little Constitution” adopted by it have always entered into force in the legal order.

4. 3rd step of annulment — PRL Constitution of 22 VII 1952

• Adopted by the home (Seym) not foreseen in 1935 — without the Senate.
• Without the President's signature (the office formally inactive existed in the 1935 Constitution).
• Promulgated in the "Journal of Laws of the Polish People's Republic", but since the Sejm of the Polish People's Republic was not an organ of the Second Republic, the announcement does not replace the publication in the OJ of the Polish Republic.

Conclusion: from the position of the only continuous constitution (April) of the 1952 Act is invalid; it cannot derogate the 1935 Constitution.

5. Step 4 of the annulment — “Contract” elections 4 VI 1989

• The electoral decree adopted by the Polish Parliament in March 1989 leaves the 1952 Constitution – no longer valid in logic above.
• There was no legislature (only the elections were to “recreate it”), so the mode of amending the constitution was inactive flawed.
• April Amendment 7 IV 1989 (recovery of the Senate, the office of president of the Polish People's Republic) is besides passed by an authority not existing from the point of view of the 1935 Constitution - invalid.

Consequence: the 1989 elections could never elect legal legislative bodies, since the ordinance was the Sejm, which, in the light of the 1935 Constitution, was not at all.

6. Cascading effect — nullity of any subsequent act

• 1990 – election of president (L. Wałęsa) - Electoral Decree 1990 adopted by the “Contract Sejm” - act originally invalid - election ex tunc invalid.
• 1992 – "Little Constitution" Adopted by the Sejm and legislature elected in 1991 - 1991 Ordinance passed by invalid bodies - a succession of annulments.
• 1997 – The Constitution of the Polish Republic passed by the illegal National Assembly; the referendum was ordered by the invalid president – "The Constitution 1997" did not enter into force.
• 2002-2025 – all parliamentary and presidential elections. electoral regulations were adopted by illegal legislators; The Presidents set election dates without a legal basis.

The break in the chain of legality has already taken place in 1944–47, so it orders to recognise that:

There is no body which constitutionally assumed the competence of the president of the Second Republic of Poland; as a result, all “other” authorities are extra-constitutional and the state's legal continuity has been discontinued.

7. consequence to a possible counter-argument of "international recognition"

Article 87 of the Constitution 1997 and Article 241(1) A tiny 1992 constitution makes global law a origin of law only erstwhile ratified and announced in the OJ.
Since it is assumed that the full legislative way after 1944 is invalid, no treaty ratified by the Government of the Polish People's Republic or the 3rd Republic was effectively promoted. global designation or customs do not meet the request for publication, so they cannot correct interior defects.

8. Conclusion — sylogism “the chain of nullity”

• Premise 1: The 1935 Constitution was in force until its major amendment in accordance with Article 16 (2⁄3 Sejm + 2⁄3 legislature + president + promotion).
• Premise 2: No amendment or fresh constitution has fulfilled the above conditions (no President, no Senate, no promotion in the OJ).
• Substantial conclusion: All authorities of power have been created since 1944, including ultra vires (beyond the jurisdiction of the 1935 Constitution).
• Bonus 3: An ultravires body shall not have the power to establish laws or to manage elections.

Conclusion: Since the first illegal elections (Legislative Parliament) nullify the legislature, the full subsequent succession of authorities until present is affected by the same disadvantage — the state does not have a legitimate government within the meaning of an uninterrupted constitutional chain, even if it has the support of part of the public