Prezydent w tradycji polskiego i francuskiego systemu ustrojowego

Abstract

This paper compares the constitutional position of the Presidents of Poland and France. The analysis relates to the March Constitution from 1921 and April Constitution from 1935 in the pre-World War II period in Poland. The so called “Small Constitution” from 1947, that for a very short period of time, provided the Communist country with the Institution of President is also discussed. There was no place for a singular Head of State between 1952 and 1989 in Poland, therefore the next act that is analysed in this article is the constitutional amendment from April 1989, Small Constitution from 1992 and contemporary Polish constitution from 1997. French IV and V Republic are the subject of this comparison. The weak position of the President of IV Republic was changed dramatically in 1958 when the V Republic was established. Strong presidency with the head of the state being the guard of the constitution, public administration arbiter and warranty of country independence became one of the models of the political system. The President, popularly elected, gets his legitimisation straight from the people of the country (the sovereign) and shares his responsibilities as an executive power with the prime minister. This became a model for Polish constitutional change when the institution was re- established. Finally, a comparative analyse of the constitutional position of French and Polish president on a base of V Republic and the Polish 1997 Constitution provides the last part of the article.