Document Type

Article

Publication Date

1991

Center/Program

European Legal Studies Center

Abstract

This Article is neither a comprehensive historical account of the work of the Constitutional Committee of the Polish Parliament nor a theoretical synthesis of recent constitutional developments in Poland. Rather, it is a mixture of theory, anecdote, and personal reminiscence that I feel at this point most capable of providing. As will be seen, the work on the new Polish constitution has in some ways been overtaken by events that unfortunately have always lurked in the background of the drafters' work and influenced their decisions. In fact, it is not clear that Poland will enact anything resembling the draft prepared in the process that this Article describes, and it would be premature to attempt a more systematic narration.

My personal perspective also accounts for the Article's focus on constitutional questions of institutional structure. Since February 1990, I have served as an expert adviser to the Subcommittee on Institutions of the Polish Parliament's Constitutional Committee, and both by interests and experience I am best equipped to provide information on the emerging institutional structure of the Polish state. Therefore, this Article does not discuss the protection of individual rights in the next Polish constitution, except insofar as it relates to institutional considerations.

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