Soon after the historical changes that took place in Central and Eastern Europe in 1989, it became clear that any new political, social, cultural and economical system introduced after the fall of communism had to be based on a constitutional system of western type. As it will be pointed later, this does not necessarily mean, that basic ideas and concepts of constitutions like those existing in western Europe were completely unknown in the CEE-countries in communist times. However, the need to find a kind of legal framework to prevent drawbacks on the way to democracy and market-orientated economy as well as the demonstration of the new orientation towards the west made significant changes of the constitutional system even more important. From the very beginning there were two sides to the constitutional aspect of transitions. On the one hand, national problems had to be solved. On the other hand, an international political pressure could be observed, e.g. concerning the protection of human rights. The search for a new legal system was a walk on a fine line between principles and compromises on both internal and international level.
Table of Contents
Introduction
Stalinist-shaped Constitutions in CEE-countries before 1989
Transition in Poland
The Constitution of 1997
Objectives and Themes
This paper examines the constitutional transformations in Central and Eastern Europe following the collapse of communism, with a primary focus on the legal and political shifts in Poland. It analyzes how these countries transitioned from stalinistic legal structures to modern, western-style constitutional systems, emphasizing the challenges of establishing the rule of law, protecting human rights, and the role of Constitutional Courts in a democratic state.
- The evolution of constitutional frameworks in post-communist states.
- Critique of the "Pragmatism" and stalinistic constitutional elements.
- The historical process of the Polish transition and the adoption of the 1997 Constitution.
- The influence of the German legal model and the Rechtsstaat principle.
- The function of Constitutional Courts in maintaining democratic checks and balances.
Excerpt from the Book
Stalinist-shaped Constitutions in CEE-countries before 1989
Primarily some of the basic concepts of typical stalinistic-shaped constitutions, that were introduced in all the countries under the communist governments should be outlined. Thus it will be obvious why changes were inevitable and what questions those changes had to concern.
One first big difference to Constitutions in a western sense consisted in the socalled "Pragmatism". This means, that the Constitution had only a minimal binding effect for the public institutions and therefore for the Communist Party, which maintained the control of all the strategical important positions in the public administration. Access to those positions was always restricted, although the range of possible control covered obligations to notify the nomination of candidates as well as the right to send selected party members, depending on how important a position was considered to be. Persons were nominated for such positions by the party either because of their qualification or applying political criteria. (Nomenklatura system) The Constitution was also meant to rule over all aspects of society life, thus reducing the importance of private initiatives in every possible way. Although those regulations differed depending on the country as well as on the sector in question, one of the effects was that the private sector in economy played a minor role in contrary to the western system. Concerning the legal system, the leading role of the Communist Party was also part of the constitution and included in the preamble or in Art. 1.
Summary of Chapters
Introduction: Provides an overview of the political and legal shifts in Central and Eastern Europe after 1989, noting the necessity of adopting western constitutional standards.
Stalinist-shaped Constitutions in CEE-countries before 1989: Analyzes the structural deficiencies of communist-era constitutions, specifically focusing on the lack of binding power and the dominance of the Communist Party.
Transition in Poland: Outlines the historical steps of the Polish political reform, starting from the Roundtable Agreements to the Small Constitution of 1992.
The Constitution of 1997: Examines the final constitutional framework in Poland, its alignment with the Rechtsstaat principle, and the influential role of the Constitutional Tribunal in interpreting law.
Keywords
Constitutional Law, Post-Communism, Poland, Transition, Rechtsstaat, Pragmatism, Nomenklatura, Constitutional Tribunal, Democracy, Human Rights, Legislative Power, Separation of Powers, Rule of Law, Equal Protection Clause, European Union.
Frequently Asked Questions
What is the primary focus of this paper?
The paper explores the transition of legal and constitutional frameworks in Central and Eastern European countries, particularly Poland, after the fall of communism in 1989.
What were the main characteristics of stalinistic-shaped constitutions?
These constitutions were characterized by "Pragmatism," meaning they lacked binding force for public institutions, ensured the dominance of the Communist Party via the Nomenklatura system, and excluded the possibility of judicial review of the Constitution.
What is the central research question?
The work investigates how these nations moved toward western-style democratic constitutional systems and the role that legal institutions, specifically Constitutional Courts, played in this process.
Which scientific approach does the author use?
The author uses a historical and comparative legal analysis, observing constitutional developments in Poland and comparing them with institutional experiences in Austria and Germany.
What is covered in the main body of the text?
The main body details the historical transition in Poland, the development of the 1997 Constitution, and the role of the Constitutional Tribunal in protecting fundamental rights and interpreting general clauses.
Which keywords best describe this study?
Key terms include Constitutional Law, Post-Communism, Poland, Rechtsstaat, Democracy, and the role of Constitutional Courts.
How does the 1997 Polish Constitution define the role of the Sejm?
The 1997 Constitution established a strong parliamentary system, granting the Sejm the authority to exercise control over the Council of Ministers and the government.
What impact does the "equal protection clause" have on the Polish legislative process?
The equal protection clause, cited in over 50 decisions, forces the legislature to ensure that any differing regulations are based on objective, fair, and proportional criteria, as the Constitutional Tribunal actively strikes down unjustified discrimination.
- Citation du texte
- Matthias Klissenbauer (Auteur), 2000, Constitutions in Transition - Tendencies in European Constitutional Law after the Fall of Communism, Munich, GRIN Verlag, https://www.grin.com/document/2240
