After the entry into force of the constitutional act of 1992, opinions have been voiced in the literature that, despite the fact that the constitution contains the principle of separation of powers, the parliament still has a central place in the system of Polish state authorities. Even if this principle is clearly enshrined in Article 10 of Polish Constitution of 1997, the above-mentioned concerns have not subsided. It is claimed that separation of powers does not require a balance between state authorities. Consequently, certain legislative decisions may give priority to the executive or legislative branch of power. Although Article 10 paragraph 1 of the Constitution provides for a balance between the powers, further constitutional provisions give much stronger position to parliament, particularly to the Sejm. The author examines these claims in three contexts. First, whether the theory of separation of powers allows for any imbalance between the authorities (or groups thereof)? Second, whether the claim of a stronger position of parliament may be defended on the basis of the division of competences between particular authorities specified in the Constitution? Third, the above-mentioned claim may be defended in the context of constitutional practice? The author gives negative answer to all these questions and concludes that both the Polish Constitution and the practice of its application does not provide adequate justification for the claim of a superior position of the Sejm in the system of state authorities in Poland.
Financed by the National Centre for Research and Development under grant No. SP/I/1/77065/10 by the strategic scientific research and experimental development program:
SYNAT - “Interdisciplinary System for Interactive Scientific and Scientific-Technical Information”.