Some remarks on political solutions accepted in the Polish Republic Constitution of 1997 and their functioning

Abstract

The paper deals with selected provisions of the binding constitution of the Polish Republic being the source of interpretative doubts as far as its functioning and direct application of its provisions are concerned. Although the stability of the State and its law constitute recognized value, this value should not be understood as immutability of law. It is expressed by a legislator assuming the
possibility of existence of such social and political phenomena which justify the need for making changes in the constitution and defines them in appropriate constitutional provisions regulating the
procedure of their introduction. One of the basic issues which is raised in constitutional debates is the problem of the optimization
of the political system. In the provisions of the binding constitution they are not precisely demarcated. The competences of the Prime Minister and President are not accurately defined. President’s
political activity should be in the form of arbitration, that is mediation between the parties of the potential conflict especially between the government and parliament. Another matter concerning political system is the problem of President’s competence of using suspensive veto. The term in which the Constitutional Tribunal decides about President’s motion concerning the constitutionality of the Act has not been determined. The paper also deals with the problem of President’s competence to appoint judges. This competence cannot be treated as illusory as it carries important values from the point of view of legitimacy of judiciary. On the other hand, the Polish Republic President refuses
to appoint a judge on the basis of lack of justification and procedure which would enable the person to be appointed as well as the organ proposing a person to be nominated to control this decision.