Everything about The Constitution Of The Kingdom Of Poland totally explained
The
Constitution of the Kingdom of Poland (
Polish:
Konstytucja Królestwa Polskiego) was granted to the
'Congress' Kingdom of Poland by
tsar of Russia and
king of Poland Alexander I of Russia, who was obliged to issue a
constitution to the newly recreated Polish state under his domain as specified by the
Congress of Vienna. It was considered among the most
liberal constitutions of its time; however, it was never fully respected by the government. It was modified during the
November Uprising by the revolutionary government and discarded afterwards by the victorious Russian authorities.
History
The
Congress of Vienna obliged
tsar of Russia and
king of Poland Alexander I of Russia to issue a
constitution to the newly recreated Polish state under Russian domination. The new state would be one of the smallest Polish states ever, smaller than the preceding
Duchy of Warsaw and much smaller than the
Polish-Lithuanian Commonwealth. Because it was the Congress of Vienna which
de facto created the Kingdom of Poland, it became unofficially known as the
Congress Poland (
Kongresówka). The constitution, promising
freedom of speech and
religious tolerance, among other freedoms, was considered to be among the most
liberal in contemporary Europe, The parliament was supposed to have been called into session every two years, but after it became the scene of many clashes between liberal deputies and conservative government officials, it was in fact called only four times (1818, 1820, 1826, and 1830, with the last two sessions being secret). This disregard for the promised rights, among other factors, led to increasing discontent within Poland, eventually culminating in the failed
November Uprising in 1830.. The constitution was modified during the uprising, and in its aftermath, the constitution was superseded on 26 February 1832 by the much more conservative
Organic Statute of the Kingdom of Poland granted by tsar
Nicholas I of Russia and never actually implemented.
Summary
The Constitution had 165 articles in 7 titles.
General
The Kingdom of Poland was a
constitutional monarchy) in a
real union with the
Russian Empire. Each tsar of Russia was also
king of Poland (as in a
personal union); however, the
foreign policy was common (in reality, decided in
Moscow). The
parliament,
military,
administration and
judiciary were separate (unlike in a
political union).
King
The King was the head of all three branches (
executive,
legislative and judicial). He:
- called, postponed and dissolved parliament (Sejm) sessions
- confirmed namestniks, ministers, senators, high officials (nominated by the namestnik) and nominated and confirmed marshals of local sejmiks
- his signature was needed to pass Sejm legislation into law
- he was the only person with legislative initiative
- he'd the right to temporarily annul legislation
- he'd the right to declare wars and sign foreign treaties
Namestnik
Namestnik:
headed the Council of State
headed the Administration Council
his decision need a countersignature of a minister
he nominated candidates for ministers, senators and high officials for the king
he nominated and confirmed lower officials.
Administration Council
Composed of 5 ministers and other people nominated by the king, headed by namestnik, it:
carried out the executive and administration duties
prepared projects for Council of State
took decisions that were outside the scope of individual ministers
Council of State
Composed of the ministers, councilors, secretary of the state, referendars and other people nominated by the king, it had the followed prerogatives:
preparing legislation to be accepted by the king
confirming the final version of legislation that was voted upon by the Sejm
juridical powers: the right to file charges against administrative officials as well as competence and administrative court powers
received reports from various commissions, and prepared reports for the king
Parliament
Parliament was composed of the king, the upper house (Senate) and the lower house (Chamber of Deputies or Sejm). Deputies numbering 128 were chosen for 6 years, with ⅓ of them chosen every 2 years. They had legal immunity. Voting was open to all persons of 21 years or older. Candidates for deputy had to be able to read, write and have a certain amount of wealth. Military personnel had no right to vote. Parliaments were called every 2 years for a period of 30 days. Sejm had the right to vote on civil, administrative and legal issues. With permission from the king, it could vote on matters related to the fiscal system and the military. It had the right to control government officials and file petitions. A Senate numbering 64 was composed of 9 bishops, voivodes and castellans and Russian 'princes of the blood'. It acted as the Parliament Court, had the right to control citizens' books, and similar legislative rights as the Chamber of Deputies.
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