Political Foundations of the Communist Poland 1944-1945

In 1959 one of the most eminent Polish constitutional experts in exile, professor J. A. Gawenda, while describing the constitutional basis for the functioning of the Polish authorities in London, based on the Constitution of Poland from 1935, formed the terms of legal continuity and the continuity of law. These terms are of great significance for the further discussion. Professor Gawenda demonstrated that the legal continuity means the restoration of the rightful system of law of a state. It is the state in which the legal continuity is established due to the act of restoration. Thus, it is more significant than the continuity of law, which is merely the continuation of certain rules and institutions originating from this system of law1. Year 1989 and following years, up to the enactment of the Constitution in 1997, brought for Poland a number of essential changes, including the system ones. However, it was neither then nor until today that clear and distinct determination of what kind of state the so called 3rd Republic of Poland established