Does the Constitution of the Republic of Poland (as Adopted on 2nd April 1997) Need Amendments?

Abstract

The author holds a view that the binding Polish constitution, despite some positive aspects of human rights regulation, needs significant amendments. Its primary fault is the lack of sufficient legal grounds for the correct and honest functioning of public authority. The constitution enables and does not punish  disrespect and violation of authority by the people performing public functions. It neither defines  the decisive role of the Nation in governing the state nor its relation to  the law of the European Union.

The author describes the scope of the necessary modifications of the constitution concerning the regulation and  guarantee of fundamental rights (such as the right to life, the political rights and the right to complain about infringements of the constitution), the sources of law (such as the European clause) and the system of the organs of public authority.

He postulates changes concerning the Polish Parliament (the limitation of the number of the deputies, the legal responsibility for infringements of the constitution), the President (the reinforcement of his power and duty to protect the constitution), the courts and tribunals (the change of the procedure of appointing judges and the alteration to  the  model of constitutional responsibility before the Tribunal of State).

Finally, the author suggests the adoption of completely new constitution based on  axiology, and not only partial changes of the current constitution, though he discerns political impediments to the realisation of this postulate.