1989年4月7日之后波兰的宪法改革

Anna Rytel-Warzocha
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引用次数: 0

摘要

1980年代后期的政治事件以及圆桌会议谈判的结果需要在《宪法》中得到正式确认,以确保其持久性。在1989-1991年的政治转型期间,通过了七项1952年宪法修正案,其中前两项特别重要。1989年4月的第一项修正案,除其他外,恢复了总统作为国家元首和参议院元首的职务,并设立了全国司法委员会,作为保护独立法院和法官的机构。1989年12月的第二次修正案提出了民主法治国家、社会正义、政治多元化、经济活动自由和财产保护等基本原则。1997年的现行《宪法》只进行了两次修订,即2006年关于引渡一名波兰公民的修订(第2条)。第55条第3款)和2009年关于被动选举权的规定(第二条)。从2015年以后的政治经验来看,宪法修正案的通过程序在第2条规定。第235条是极其困难的,这就造成了绕过它的情况,宪法条款的内容被普通条款所改变。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Constitutional reforms in Poland after 7 April 1989
The political events of the late 1980s, as well as the results of the Round Table negotiations, needed their formal confirmation in the Constitution in order to secure their durability. During the political transformation in the years 1989–1991, there were seven amendments of the Constitution of 1952 adopted, out of which the first two were particularly important. The first amendment of April 1989 restored, among others, the office of the President as a head of state and the Senate, as well as established the National Council of the Judiciary as the body protecting independent courts and judges. The second amendment of December 1989 introduced the fundamental principles such as a democratic state ruled by law, social justice, political pluralism, freedom of economic activity and property protection. The current Constitution of 1997 has been amended only twice – in 2006 in regard to the extradition of a Polish citizen (art. 55 par. 3) and in 2009 in regard to passive electoral rights (art. 99 par. 3). As shown by the political experience after 2015, the procedure for adopting the amendment to the Constitution set out in art. 235 is extremely difficult, which has led to a situation in which it is bypassed and the content of constitutional provisions is changed by ordinary provisions.
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