1935 Constitution.

maciejsynak.blogspot.com 4 months ago






reprint


Romuald Sheremietiev




The Constitution of 1935 was the legal basis of the Polish state, which operated in the years of planet War II and after that in exile and It was never cancelled – it is inactive legally valid.

If we are to choose between the 1997 Constitution prepared by the post-communist communities Kwasniewski and the 1935 Constitution march. Piłsudski cannot be doubted which of them should be chosen.

It is justified to say that there is simply a similarity between the Constitution of Poland from 1935 and the Constitution of the 5th French Republic. This is due to the President's dominant political position, his powers and general consolidation of executive power, which came, among others, from a akin model of leadership adopted by the march. Piłsudski and General de Gaulle. It was stated that "the Polish constitution was an inspiration for General de Gaulle's constitutional thought".




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Romuald Sheremietiev

6 January


Reset

- a complete change in the mode of action, by rejecting everything that led to the current state of improvement of the situation.


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The preamble to the 1997 Constitution of the Republic of Poland reads "referring to the best traditions of the First and Second Republic" and establishes a constitution "for the good of the 3rd Republic". Modern Polish state is called the 3rd Republic. But she is simply a legal successor to the Polish People's Republic, not the Second Poland? This has terrible political, economic, social but above all moral consequences!


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Remind me:

The Second Republic Parliament passed the Constitution on 23 March 1935. https://www.salon24.pl/u/szeremietiew/1358387, Constitution



The Constitution introduced a Polish version of the presidential system. The basic constitutional principles expressed the concept of the state's superiority over the rights of the individual stating:

"The Polish State is the good of all citizens" (Article 1).

The Constitution combines the rule of strong power with individual freedom. The Constitution granted the president superiority over the another authorities of the state which were subject to his authority. The president held individual rights (prerogatives), without the request to countersign them and average powers (requirement of countersignatures of the Prime Minister and Minister).

The prerogatives included, in particular, the indication of its successor if the choice of the head of state could not be made, e.g. during the war.


In September 1939, already during the Polish campaign, Stalin advocated the complete liquidation of the Polish state. In a dispatch to Berlin, German ambassador to Moscow wrote:

‘[...] at an hr 20 Stalin stated the following: in the final settlement of the Polish issue, everything that could origin irritation between Germany and the russian Union must be avoided. From this point of view, he considers it incorrect to leave an independent remnant of the Polish state.”


The Polish state was to vanish forever. Germany has made many efforts to encourage Romanians to intern Polish authorities, which would prevent them from functioning and consequence in the liquidation of the Polish state. Then president Ignacy Mościcki transferred his office in accordance with the constitution of his appointed successor. The legal continuity of the Polish state has been preserved. Despite the business of the territory, the Polish state existed! Germany and the Soviets seeking its liquidation have not achieved their objective.


Let us emphasize - thanks to the Constitution of 1935, it was possible to recreate the authorities of the Republic of Poland in exile.

The Polish authorities operated continuously until 1990, erstwhile the last president Ryszard Kaczorowski handed over the insignia of state power to Lech Wałęsa, the first elected president of Poland in free elections. At the same time, it was not noted that the legal force of the 1935 Constitution was in force if it was not invalidated in any way!


Poland presently has 2 constitutions, the second one, from 1997, is illegal? We hear that a constitutional reset should be carried out. Exactly!







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Let us callback the text of the 1935 Constitution and consider:




CONSTITUTIONAL ACT
of 23 April 1935
I. Republic of Poland.
Article 1.
1. The Polish State is the common good of all citizens.
2. Resurrected by the fight and sacrifice of his best sons,
in a legacy from generation to generation.
3. Each generation has its own efforts to strengthen strength and seriousness
Yours.
4. He is accountable to the posterity of his honour.
And your name.

Article 2.
1. You are headed by the president of the Republic.
2. It is his work to God and his past for the destiny of the State.
3. His primary work is to care for the welfare of the state, defence readiness
and a position among the nations of the world.
4. His individual is centered on uniform and indivisible state power.

Article 3.
1. State bodies under the authority of the President
The Republic shall be:
Government,
The Sejm,
The Senate,
Armed Forces,
Courts,
State control.
2. Their primary task is to service the Republic.

Article 4.
1. The life of society is shaped within and based on you.
2. The State shall guarantee its free improvement and, where the common good so requires,
gives him direction or normalizes his terms.
3. The State will appoint a territorial and economical authority to participate in the implementation
collective life.

Article 5.
1. The work of an individual is the lever of collective life.
2. The State shall guarantee that citizens can make their individual values and
Freedom of conscience, words and associations.
3. The limit of these freedoms is common good.

Article 6.
Citizens owe you faithfulness and a fair fulfillment of the imposed
No duty.

Article 7.
1. The value of the citizen's effort and merit for the common good measured
will be his public affairs powers.
2. Neither origin, nor religion, nor gender, nor nationality can be the cause
restrictions on those powers.

Article 8.
1. Work is the basis of the improvement and power of the Republic.
2. The State provides care and supervision of work conditions.

Article 9.
The state seeks to unite all citizens in harmonious cooperation
for the common good.

Article 10.
1. No action must be contrary to the objectives of the State expressed
in his rights.
2. In the event of resistance, the State shall apply coercion measures.

II. president of the Republic.
Article 11.
The president of the Republic, as an overriding origin in the State, harmonises
activities of the chief public authorities.

Article 12.
President of the Republic:
(a) appoint the president of the Council of Ministers at his discretion and at his request
appoint Ministers;
(b) convene and terminate the Sejm and the Senate;
(c) manage the opening, postponement and closure of the session of the Sejm and the Senate;
(d) is the Head of the Armed Forces;
(e) represent the outside, adopts representatives of abroad countries
and sends representatives of the Polish State;
(f) constitutes war and peace;
(g) conclude and ratify agreements with another countries;
(h) fills state offices, He's reserved.

Article 13.
1. The president of the Republic enjoys individual rights which constitute His
prerogatives.
2. These prerogatives include:
(a) indicating 1 of the candidates for president of the Republic
and management of the general vote;
(b) the appointment of a successor to the president of the Republic for war;
c) appointment and dismissal of the Prime Minister, First president of the General Court
The ultimate and president of the ultimate Audit Chamber;
(d) appointment and dismissal of the Chief Chief and General Inspector
Armed Forces;
(e) appointing the Judges of the Court of State;
f) Appointment of Senators holding a mandate by election of the President
Republic of;
(g) the appointment and dismissal of the Head and officials of the civilian Chancellery;
(h) the dissolution of the Sejm and the legislature before the end of the word of office;
(i) the surrender of members of the Government to the Court of State;
(j) the application of the law of grace.

Article 14.
1. authoritative acts of the president of the Republic shall require the signature to be valid
The Prime Minister and the Minister responsible.
2. authoritative acts resulting from the prerogatives of the president of the Republic,
do not require a countersignature.

Article 15.
1. The president of the Republic shall not be liable for his authoritative acts.
2. For actions, incompatibility with office, president of the Republic
may not be held liable during the word of office.

Article 16.
1. The election as president of the Republic shall be as follows:
2. The candidate for president of the Republic elects the Assembly of Electors.
3. The outgoing president of the Republic has the right to indicate another
candidate.
4. Should the outgoing president of the Republic exercise this power,
the president of the Republic will be elected by citizens by vote
common from among 2 candidates: Assembly of Electors
and the outgoing president of the Republic.
5. If the outgoing president of the Republic declares that he does not intend to
exercise the right to indicate the candidate or within 7 days of the completed
by the Electors Assembly will not indicate another candidate and will not order
universal vote – candidate of the Elector Assembly will be recognized
for being elected president of the Republic.

Article 17.
1. The Electors' Assembly consists of the legislature Marshal, as Chairman,
Marshal of the Sejm, as his deputy, from the Prime Minister, First President
Supreme Court, General Inspector of the Armed Forces and of 75 electors,
selected among citizens the most worthy chosen in 2/3 by the Sejm and 1/3
by the Senate.
2. The word of office of the electors shall expire by law itself on the date of office of the electors.
Newly dressed president of the Republic.

Article 18.
1. The Assembly of Electors shall convene the president of the Republic at the latest
15 days before the end of his office.
2. 3 days before the date of the Assembly, the Sejm and the legislature will gather each individual,
at the invitation of his Marshals, to choice electors.
3. If the Sejm and legislature are dissolved and the results of the legislative chambers elections
the fresh composition is not yet announced - Members will elect the electors
and Senators, who are part of the erstwhile Sejm and Senate.

Article 19.
1. The president of the Republic shall take an oath of substance before taking office
the following:
Aware of the work to God and the past of the state,
I curse to the Lord Almighty God, in the Holy Trinity, in office
President of the Republic: the superior rights of the State to defend, its dignity
Guard, constitutional law apply to all citizens equal
be guided by justice, evil and danger from you to turn,
And caring for his welfare as chief of duty. So aid me God
And the feast of the boy of His Passion. Amen.
4. The certificate of oath shall state by signature: the newly-dressed President
The Republic and authoritative persons present at the oath.

Article 20.
1. The word of office of the president of the Republic shall be 7 years, from the date of
take office.
2. That period shall be extended by the time essential to complete the proceedings.
election in the event of a fresh president being elected
The Republic will be ordered to vote universally.

Article 21.
If the President's death occurs before the end of the seven-year word of office
The Republic or the president resigns his office – M of the Marshal of the legislature will call
immediate assembly of Electors to identify the candidate
to the president of the Republic, and in case of an indication of another
The candidate will order a general vote.

Article 22.
1. If the president of the Republic cannot hold permanent office, the Marshal
The legislature will call the joint legislative chambers to decide whether the office
The president should be considered empty.
2. The resolution, which considers the office empty, falls by a majority of 3/5 statutory numbers
Members of the Joint Chambers.
3. In the event of the above resolution being adopted, the legislature Marshal shall convene without delay
Elector Assembly.

Article 23.
While the office of president of the Republic is empty, functions
The president is held by the Deputy Marshal of the Senate, and if the legislature were dissolved -
Marshal of the disbanded Senate; he then uses all powers
with the office of the president of the Republic related.

Article 24.
1. In the event of war, the word of office of the president of the Republic is extended
three months after the conclusion of the room; president of the Republic of Poland separately
By an act announced in a government newspaper, he will then appoint his successor
in case the office is emptied before the area is made.
2. In the event of the successor taking office of the president of the Republic, the period of his
The office shall proceed until 3 months after the conclusion of the peace.

III. Government.
Article 25.
1. The government directs your affairs with unreserved another authorities.
2. The government consists of the Prime Minister of Ministers and Ministers.
3. The Prime Minister represents the Government, directs its work and establishes general
State policy principles.
4. Ministers manage individual departments of administration
State
perform the circumstantial tasks assigned to them.
5. Organization of the Government, and in peculiar the scope of the activity of the Prime Minister -
will find the decree of the president of the Republic.

Article 26.
Ministers for the resolution of cases requiring the resolution of all members
The government, they form the Council of Ministers under the leadership of the Prime Minister.

Article 27.
1. The Prime Minister, the Council of Ministers and Ministers have the right to issue
Regulations to implement and trust on legislative acts.
2. These regulations cannot conflict with legislative acts and will
published in the diary of Laws.

Article 28.
The Prime Minister and Ministers are politically liable before
The president of the Republic and may be cancelled by him at any time.

Article 29.
1. Parliament in the exercise of parliamentary control over the Government's activities, may
request the Government or Minister to resign.
2. specified a request may be tabled only during the average session and the vote
above it may not take place at the sitting at which it was notified.
3. If the motion is given by simple majority and the President
The Republic shall not revoke the Government or the Minister or the Chambers within 3 days
Legislative will not solve - the proposal will be examined by the Senate
at the next meeting.
4. If the legislature speaks for the motion passed by the Sejm, the President
The Republic of Poland shall cancel the Government or the Minister unless the Sejm and the legislature are dissolved.

Article 30.
1. Irrespective of political work to the President
The Republic and Parliament before the Sejm, Prime Minister
and Ministers have constitutional work before the Court of State
for intentional infringement of the Constitution or of any another legislative act,
in connection with office.
2. Right to hold the Prime Minister or Minister liable
The constitutional serves the president of the Republic, as well as the Sejm and the Senate
in the Joint Chambers.
3. Resolution of the Joint Chambers, bringing the Prime Minister or the Minister to court
The Court of State shall take a majority of 3/5 votes with at least half present
the statutory number of members of the Joint Chambers.

IV. Sejm.
Article 31.
1. The Sejm has legislative functions and control over the government's activities; moreover,
It is up to the Sejm to fix the budget and impose burdens on citizens.
2. Control over the activities of the Government is expressed in the law of the Sejm:
(a) request the Government or the Minister to resign;
(b) drawing together with the legislature of the Prime Minister or Minister
to constitutional responsibility;
(c) Interpreting the Government;
(d) approval of yearly closure of state accounts and granting
the Government of discharge;
(e) participation in the exercise of control over State debts;
3. The functions of government of the State do not belong to the Sejm.

Article 32.
1. The Sejm shall consist of Members elected by common, secret ballot,
equal and direct.
2. The word of office of the Sejm shall be 5 years from the date of convocation.
3. Disbanding the Sejm before the word of office requires a reason.
4. The fresh elections are administered by the president of the Republic within 30 days
from the dissolution of the Sejm.
5. The vote will take place no later than 60 days after the order.
elections.
6. The military, belonging to the mobilized part, do not vote
Army or Navy.

Article 33.
1. The right to choose has all citizen without sex difference who before the day
the election order is 24 years old and full benefits from civilian rights
and civil.
2. The right of election shall be exercised by any citizen who has the right to choose, if
He turned 30.
3. Electoral decree to the Sejm will find the state's division into electoral districts, determine
the number of Members, normalising the election procedure and marking categories of persons,
without the right to choose and choice for deficiency of sufficient
moral or intellectual adjectives.

Article 34.
1. The Sejm elects the Marshal from among itself for the word of office.
2. Until the next Sejm is established, the Marshal retains
powers to service him in the election of the president of the Republic.

Article 35.
1. The Sejm will be convened for the first gathering in the fresh word no later
than on the 30th day following the announcement of the results of the elections to the Legislative Chambers.
2. The average session of the Sejm will be opened annually at the latest in November and not
may be closed within 4 months unless the budget is
adopted earlier.
3. The average session may be postponed for 30 days.
4. A postponement for a longer period or renewal of a postponement shall require the consent of the Sejm.
5. The interruption due to the postponement of the session shall not be counted as running
the terms prescribed by the Constitution for the activities of the Sejm.

Article 36.
1. The president of the Republic may at any time at his discretion
order the beginning of an extraordinary session of the Sejm, and will do so within 30 days
at the request of at least half the statutory number of Members.
2. During the extraordinary session, the session of the Sejm may be held only
matters listed in the order of the president of the Republic or in the application
to open specified a session, tabled by Members, and the matters to be dealt with
at the next session require laws or regulations, or which President
The Republic at the request of the Prime Minister or the Marshal of the Sejm shall recognise
It's besides sudden.

Article 37.
The resolutions of the Sejm shall be adopted by a simple majority with at least 1/3 of the votes present
the statutory number of Members, unless the Constitution provides otherwise.

Article 38.
1. The meetings of the Sejm shall be public.
2. The Sejm may enact the secrecy of the proceedings.
3. The protocol and transcript, issued by the Marshal, are exclusively
a message of the proceedings of the Sejm.
4. No 1 can be held liable for announcing
and dissemination of reports of the Parliament's public deliberations if they reproduce
the full and strict conduct of these meetings.

Article 39.
1. Members shall, before the appointment, pledge the following:
Knowing the work of allegiance to the Polish State, I vow solemnly
and I pledge honor, as an MP at the Sejm of the Republic, in work for the good
States do not quit and care for his dignity, dignity and power for the first to have
A commandment.
2. Refusal of a vow or a pledge with a reservation shall be tantamount
with no mandate.

Article 40.
Members shall receive allowances and shall be entitled to free usage of the State
means of communication within the limits of the State.

Article 41.
1. Members only usage the guarantees of immunity they require
their participation in the work of the Sejm.
2. For the content of speeches or requests made in the Sejm
and interpelling and for inappropriate behaviour during the sitting - Members
only answer to the Sejm.
3. However, for actions contrary to the work of faithfulness to the State
Polish or criminally wanted,
may be a resolution of the Sejm or of the Minister of Justice given to the Court of Justice
The State and judgement of that Court without a parliamentary mandate.
4. For violating the rights of a 3rd organization during the session of the Sejm, a associate may be
only with the approval of the Sejm.

Article 42.
1. Members shall be liable for activities not involving participation in the work
Parliament, equal with another citizens.
2. However, criminal judicial or administrative proceedings and proceedings
disciplinary action, initiated against a associate before or after his mandate, should be taken
the request of the Sejm to suspend until the expiry of the mandate.
3. Termination shall not run during the suspension of criminal proceedings
Or disciplinary.
4. Member, detained during the session not by order of the court, - will be on request
The Marshal of the Sejm immediately released.

Article 43.
1. The MP cannot hold a senatorial mandate.
2. The Act will mark the offices and positions whose adoption will consequence in loss
the parliamentary mandate.
3. Words must not be utilized to execute incompatible activities
with the exercise of the mandate, under the effects set out in the Act.

Article 44.
1. The words shall not be for their own name, nor for their abroad name, nor on their behalf,
companies or companies calculated for profit, get public goods
nor get their leases, undertake supplies and government works,
or receive individual benefits from the Government.
2. For breach of these prohibitions, the associate will be at the request of the Marshal of the Sejm
or the president of the ultimate Chamber of Control given to the Court of State and judgment
of this Court without parliamentary mandate and individual benefits, from the Government
received.
3. The Marshal of the Sejm may, on the basis of a resolution of the Rules of Procedure Committee, take
by a majority of 3/5 votes, grant the associate a licence on a case-by-case basis
to enter into a legal relation with the Government if that relation is not contradictory
with good morals.

Article 45.
1. Prime Minister of the Council of Ministers, Ministers and seconded officials
the right to attend Parliament meetings and talk out of order
speakers.
2. Members may address the Prime Minister
with interpellations in cases concerning their scope, in a circumstantial manner
Rules.
3. The Prime Minister or the interpelled Minister shall grant
replies within forty-five days or give reasons justifying
Refuse
providing an explanation.

V. Senate.
Article 46.
1. The Senate, as the Second Legislative Chamber, shall consider the budget and draft laws,
adopted by the Sejm, and participates in the exercise of control over debts
Yours.
2. Moreover, the legislature of the Sejm, although without the right to initiate, participates
in the resolution of the following cases:
(a) an application requesting the resignation of the Government or Minister;
(b) laws returned to the Legislative Chambers by the President
the Republic for reconsideration;
(c) to amend the Constitution;
(d) to bend orders introducing a state of emergency.

Article 47.
1. The legislature consists of senators appointed in 1/3 by the president of the Republic,
And in 2/3 by election.
2. The legislature word begins and ends simultaneously with the Sejm term.
3. Electoral order to the legislature will find the number of senators and how
their appointment will besides mark the categories of persons to whom the law will serve
selection and selection.

Article 48.
Articles 34-45 concerning the Sejm shall apply mutatis mutandis to the Senate.

VI. Legislation.
Article 49.
1. Legislative acts shall be:
(a) laws,
(b) the decrees of the president of the Republic.
2. No legislative act must conflict with the Constitution.

Article 50.
1. The law of legislative initiative serves the Government and the Sejm.
2. Legislative initiative on budget, recruitment and ratification
international agreements belong exclusively to the Government.
3. The Sejm cannot, without the government's permission, pass a bill involving expenses
from the Treasury for which there is no budget coverage.

Article 51.
Collection of a State loan, disposal or charge of immovable property
State estimated at over PLN 100,000, imposition of taxes
or public charges, establishment of duties or monopolies, establishment of a system
monetary and the adoption of a financial warrant by the Treasury –
may take place only by legislative act.

Article 52.
1. Agreements with another countries: commercial, customs, constantly charging the Treasury,
with a commitment to impose fresh burdens on citizens or causing
changing the borders of the State - require prior ratification of the approval of the Legislative Chambers,
expressed in the Act.
2. The president of the Republic in cases of urgent urgency may before
ratification, at the request of the Council of Ministers, temporarily implement all
or certain provisions contained in trade or customs agreements.

Article 53
1. all bill, passed by the Sejm, will be handed over to the Senate
to be considered.
2. The legislature resolution, rejecting or amending the draft, shall be considered
if the Sejm does not reject it by a majority of 3/5 votes.

Article 54.
1. The president of the Republic will declare by signature the power of the Constitutional Law
adopted and ordered to be published in the authoritative Journal.
2. The president of the Republic may within 30 days of receiving the project
Act return it to the Sejm with a request for reconsideration which may
no earlier than the nearest regular session.
3. If the Legislative Chamber by a statutory majority of Members and Senators
re-adopted the task unchanged, the president of the Republic, having stated
By signing the bill, he'll order an announcement.

Article 55.
1. The bill may authorise the president of the Republic to issue decrees
within the time and scope indicated by it; this authorisation may not be covered
amending the Constitution.
2. The president of the Republic has the right at a time erstwhile the Sejm is dissolved,
issue national legislative decrees if necessary
State except:
(a) amendments to the Constitution,
(b) election ordination to the Sejm and the Senate,
(c) the budget,
(d) taxing and establishing monopolies,
(e) the monetary system,
(f) borrowing of public loans,
(g) the disposal and charge of immovable property estimated
over PLN 100,000.
3. Regulations, based on the provisions of this Article, shall be issued upon request
The Council of Ministers and may be amended or repealed only by legislative act.

Article 56.
Decrees concerning the organisation of the Government, the authority of the Armed Forces and organisations
government administration, can be issued at any time and changed
or repealed only by specified decrees of the president of the Republic.

Article 57.
1. The decrees of the president of the Republic have the power of the bill and will be citing
on a constitutional basis published in the authoritative Journal.
2. Whenever a Constitution or a law to normalise a peculiar field
from the scope of government required by the law, this field may be standardised
also by decree of the president of the Republic, issued under conditions, by the Constitution
marked.

VII. Budget.
Article 58.
1. The Act sets the budget of the State annually.
2. The Government shall submit a draft budget to the Sejm at the session no later than 4 months
before the beginning of the financial year.
3. For consideration of the budget, the Sejm shall be left ninety days after the deposit
Project by the Government, the legislature - 20 days after the deadline, prescribed
for the Sejm.
4. The amendments proposed by the legislature are left to the Sejm for consideration
Ten days after the deadline for the Senate.
5. The president of the Republic will order the announcement of the budget:
(a) in the wording given to him by the Legislative Chamber if the Sejm and the Senate
in the prescribed deadlines,
(b) in the wording given to him by the Sejm, if the legislature within the prescribed period
the budget has not been considered,
(c) in the wording given to him by the Senate, if the Sejm within the prescribed period
the legislature budget or changes did not consider,
(d) in the form of a government draft, if neither the Sejm nor the legislature in the prescribed
the budget deadlines have not been considered.

Article 59.
1. Expenditure not designed in the budget cannot be enacted,
and designed cannot be increased without the government's approval.
2. The Government may not make expenditure without statutory authority, unless,
that there is simply a state necessity; in this case, the Government, on the basis of a resolution
The Council of Ministers will make the essential expenditure by sending to the Sejm within the time limit
seven days after the adoption of the resolution, the bill on granting credit
additional. The resolution of the Council of Ministers will besides be announced in the paper
Government and reported to the ultimate Chamber of Control.

Article 60.
1. The State cannot stay without a budget.
2. If due to the dissolution of the Legislative Chambers
the budgetary agenda until the date on which the fresh budgetary period begins,
is not enacted, - Government has the right to collect gross and make expenditure within the limits
of last year's budget until the adoption of the budgetary provisional
or the budget that the Government will submit to the recently elected Sejm at its first meeting.
3. This regulation shall apply mutatis mutandis where the compound Sejm
it will be rejected in its entirety, with the fact that the Government within 7 days
from rejection, send a fresh draft budget to the Sejm or make-up
and that expenditure, made by the Government according to last year's budget, cannot be
higher in individual items than those designed in the rejected budget.

VIII. Armed Forces.
Article 61.
1. The Armed Forces are in charge of safety and superior rights
Republic.
2. All citizens are required to service in military service and benefits
State defence.

Article 62.
1. The president of the Republic manages yearly recruitment within the limits
the quota fixed.
2. A change in the quota requires a legislative act.

Article 63.
1. The president of the Republic issues decrees on sovereignty
The Armed Forces, and in peculiar by decree will find the organization of the chief authorities
military, meaning the means of countersigning acts issued by
himself, as Chief of the Armed Forces.
2. The president of the Republic decides to usage the armed forces to defend the State.
3. If the Chief Leader is appointed, the right to have armed forces
He's moving on.
4. The Chief Chief is accountable to the president for the acts relating to command.
The Republic, as Head of the Armed Forces.

IX. Justice.
Article 64.
1. The courts execute justice on behalf of the Republic of Poland.
2. Through justice courts uphold the legal order of the State and shape
the legal sense of society.
3. The judges are in the exercise of their judicial office independent.
4. Judgments may not be amended or repealed by another courts
power.
5. The courts shall not have the right to examine the validity of legislative acts, duly
announced.

Article 65.
1. Judges shall be appointed by the president of the Republic unless the laws supply otherwise.
2. Organisation of courts and separate positions of judges, their rights and duties
and emoluments – they specify laws.

Article 66.
1. The justice may be deposited ex officio, suspended in office, transferred
to another place or in a state of remainder against its will only by the power of judgment
judicial and only in cases, by law provided for.
2. This regulation shall not apply where the transfer of a justice to another place
office or remainder is caused by a change in the organisation of courts,
by a legislative act.

Article 67.
The justice cannot be held liable without permission
the competent disciplinary court or detained without a court order, unless it has been
captured red-handed.

Article 68.
1.
No bill may close a citizen's trial for investigation
harm or injury.
2. individual freedom, immunity and mystery are guaranteed
correspondence.
3. The laws will specify the conditions under which a individual review may be carried out
or home or breached correspondence secret.
4. No 1 shall be deprived of the judgement to which he is legally subject, nor punished for any act,
not prohibited by law before his or her death, nor detained without a warrant
court longer than 48 hours.
5. Exceptional courts shall be admissible only in the cases provided for in the Act.
6. The Act implements the rule that cases in which the punishment has been imposed
administrative, will be sent to the organization on request to the course of proceedings
court.

Article 69.
1. The president of the Republic is an act of grace to forgive or soften
Convicted penalty, imposed by a final decision, and besides abrogated effects
conviction.
2. Amnesty requires a legislative act.

Article 70.
1. The following shall be invoked:
(a) ultimate Court for civilian and Criminal Matters,
(b) ultimate Administrative Court to regulation on the legality of acts
administrative, and
(c) Court of Competency to settle disputes over jurisdiction between
The courts and another authorities.
2. Separate organisation of military courts, their jurisdiction, the course of proceedings and
the rights and obligations of the members of those courts shall find the laws.

Article 71.
1. For ruling on ministers, senators and MPs drawn
to constitutional responsibility, referred to by the Court of State,
from the First president of the ultimate Court, as Chairman, and six
Judges.
2. Judges of the Court of State and their deputies shall be appointed by the president for a period of 3 years
The Republic of Poland from among the judges of the general courts, presented in number
double halfway through the Sejm and half through the legislature with even
including candidates from each of the Legislative Chambers.

X. State Administration.
Article 72.
1. State administration is simply a public service.
2. The State Administration shall exercise:
(a) government administration,
(b) local government,
(c) economical self-government.

Article 73.
1. For general administration purposes, the State will be divided in terms of
territorial areas for administrative areas, namely voivodships, powiats and
urban and agrarian municipalities.
2. The division into voivodships requires a legislative act.
3. Urban municipalities may form a region under the conditions of the Act
or Grodkie Voivodeship.

Article 74.
Organisations of government administration, and in peculiar the scope of its bodies –
will find the decree of the president of the Republic.

Article 75.
1. According to the division of the State into administrative areas,
to implement the needs of state administration
local regional, territory and municipal government.
2. Local governments have the right to issue, with a bill marked, for their
the area of the standards in force subject to approval of those standards by
the appointed supervisory authority.
3. Local governments may be combined into unions for the performance of circumstantial tasks.
4. The law can give unions the public-legal personality.
5. Governance of self-government activities is exercised by the Government by its authorities or by
a higher level of government.

Article 76
1. For individual areas of economical life, self-government
economic, including chambers of agriculture, industrial trade, crafts,
work, liberal professions and another public-law associations.
2. The laws may combine chambers into unions and give them public-legal personality.
3. To consider issues concerning the full of economical life,
opinions on draft economical laws and harmonisation of actions
in individual branches of the national farm – may be a bill established
Chief Chamber of Commerce.
4. Oversight of economical self-government activities is exercised by the Government by
appointed to that authority.

XI. State control.
Article 77.
1. For financial control of the State's economy and its unions
public – legal, state accounts closure studies, presentation
Parliament annually requests for discharge for the Government - the Supreme
Chamber of Control, based on the rule of collegiability and independency of its members
College.
2. The ultimate Chamber of Control is independent of the Government.
3. The president of the Republic shall appoint and dismiss the president of the ultimate Chamber of Control,
and, at his request and with his countersignature, appoints and dismisses members of her college.
4. The president of the ultimate Chamber of Control is for exercising his office
in accordance with the rules laid down for the work of ministers.

XII. State of emergency.
Article 78.
1. In the event of an external threat as well as in the event of a riot
internal or extended treasonal, threatening
State or national safety or safety – Council
Ministers with the approval of the president of the Republic will order a state of emergency for
the full of the country or part of the country in danger.
2. This order will be sent to the Sejm within 7 days of the announcement.
3. If the Sejm is dissolved, the order to declare the state of emergency will be
submitted to the recently elected Sejm at its first meeting.
4. The Sejm may request that the order be repealed.
5. specified a request may not be voted on at the sitting at which it was held
Reported.
6. If the legislature speaks in favour of a resolution of the Sejm, the Government will immediately repeal the order.
7. The announcement of an emergency gives the Government the right to suspend for a period of time
civil liberties and the exercise of rights
the peculiar position laws.

Article 79.
1. If necessary, usage the armed forces to defend your President
The Republic will order martial law in the full state or part of it.
2. During martial law, the president of the Republic of Poland has the right without
Authorisation of Legislative Chambers to issue Legislative Decrees
State, with the exception of amending the Constitution, extend the word of office of the Chambers
Legislative pending peace and open, postpone and close sessions
The Sejm and the legislature in time, adapted to the needs of the State's defence, as well as
set up for the resolution of cases falling within the remit of the Chambers
Legislative, Sejm and legislature in reduced composition, selected by these Houses.
3. During the course of martial law, the Government uses the powers provided for
the Act on the State of emergency, and besides with peculiar powers, as defined by the Act
the state of war.

XIII. Change of Constitution.
Article 80.
1. The amendment of the Constitution may be made at the initiative of the president of the Republic,
Government or 1⁄4 of the statutory number of Members.
2. The motion, made by the president of the Republic, may be voted
only in full and without change or with changes to which the Government named President
The Republic will agree.
3. Act amending the Constitution at the initiative of the president of the Republic,
requires a consistent resolution of the Sejm and the legislature by a simple majority;
on the initiative of the Government or the Sejm, by a majority of compatible resolutions
the statutory number of MPs and senators.
4. The president of the Republic may within 30 days of receiving the project
Act, amending the Constitution, return it to the Sejm with a request again
consideration which may take place no earlier than at the next term.
5. If the Legislative Chambers re-adopted the task unchanged, the President
The Republic, having signed the law, will order its publication, unless
That he would solve the Sejm and the Senate.

XIV. Final provisions.
Article 81.
1. This Constitutional Act shall enter into force on the date of its publication.
2. At the same time, the Act of 17 March 1921 (Journal of Laws R. P. No. 44) is repealed,
item 267) as amended by the Act of 2 August 1926. (Dz. U.
R. P. No. 78, item 442) but for Articles 99, 109 to 118 and 120.
3. Constitutional Law of 15 July 1920, containing the Organic Statute
Śląski Voivodeship (Dz. U. R. P. No. 73, item 497) with changes,
introduced by laws of 8 March 1921 (Journal of Laws R. P. No. 26, item 146),
of 30 July 1921 (Journal of Laws No. 69, item 449), of 18 October 1921
(Journal of Laws R. P. Nr. 85, item 608) and of 18 March 1925 (Journal of Laws R. P. Nr. 36,
item 240) retains its power that Article 44 of the Act of 15 July 1920 (Journal of Laws of 15 July 1920).
R. P. No. 73, item 497) should read as follows:
“The amendment of this Constitutional Law requires a state law.”
and that Article 2 of the Act of 8 March 1921 (Journal of Laws R. P. No. 26, item 146) is repealed.
President of the Republic: I. Mościcki
Prime Minister: W. Sławek
Minister of the Interior: Marjan Zyndram - Kościałkowski
Minister of abroad Affairs: Beck
Minister of Military Affairs: J. Piłsudski
Minister of Treasury: Wł. Zawadzki
Minister of Justice: Czesław Michałowski
Minister of spiritual Confessions and Public Enlightenment: W. Jędrzejewicz
Minister of Agriculture and Agricultural Reform: J. Poniatowski
Minister of manufacture and Trade: H. Floyd – Rajchman
Minister of Communications: M. Bułkiewicz
Minister of Welfare: Jerzy Paciorkowski
Minister of Post and Telegraphs: E. Kaliński














Constitution - blog Romuald Sheremietiew






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