Sunday, March 6, 2011

Consternation and its casues: the 1997 Constitution?


Recently whenever I have switched on either the radio or TV various "experts" seem to be endlessly discussing the dates of the looming elections in Poland. Is it me or is this just an excuse to fill air-time with drivel?

The Warsaw Voice announced on 2nd March that The PM and President would consult the leaders of the main parties. The phrase: too many chefs spoil the broth, springs to mind. I know that the British system is inherently unfair and the Polish Constitution no doubt allows for a pluralist electoral system etc etc, but I for one am in favour of the Prime Ministrial prerogative that exists in the UK. None of this continuous debate: The PM says May 15th (for example) and the country prepares. Is it so difficult?

 Alas, a lot of the problem lies with the 1997 Polish Constitution which has this to say on the matter:

Elections to the Sejm and the Senate shall be ordered by the President of the Republic no later than 90 days before the expiry of the 4 year period beginning with the commencement of the Sejm's and Senate's term of office, and he shall order such elections to be held on a non-working day which shall be within the 30 day period before the expiry of the 4 year period beginning from the commencement of the Sejm's and Senate's term of office.

Such a strict guideline is bound to create unforeseen problems. A lot of the current debate has been centred around the falling of All Saints Day, which is traditionally a long weekend. People are afraid that many voters will simply not bother turning up to vote.

This is not the first time I have blogged on the matter of problems with the constitution (See Constitutional Crisis?). I am not sure what the prestigious leaders were doing between 1992 and 1997 when the current constitution took affect; but to be honest, my dog could probably have come up with a constitution with less chance of confusion and overlapping competencies.

I am of course not the only one who sees problems in the 1997 constitution as I wrote here. Although I am generally reluctant to side with any codified constitution as it tends to lend itself to dogmatism and entrenched beliefs in outdated ideas (see here), I can see the need in a post-revolution period to have a fresh start. Therefore the 1992 and 1997 constitutions were necessary for the rebirth of Poland; shame the constitution makers did not envision the possible points of clash within their "little baby".

Oh well, perhaps the next revolution will bring a brighter future :) .......

2 comments:

  1. More than anything, I'm impressed you have even read the constitution, or some of it anyhow :)

    I wonder if many native Poles have sat down and browsed the constitution, maybe it's obligatory at school?

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  2. lol :)

    I briefly read it first due to my general bizzare interest in all things political and then more thouroughly again as part of my PhD research. That said, I haven't read every single article as it does get a bit intense :)

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