Mandat poselski na gruncie ustawodawstwa Sejmu Czteroletniego
The Polish deputy’s mandate as discussed on the basis of the Four-Years Seym legislation
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The paper discusses the nature and the specificacy of the Polish deputy’s mandate as viewed in the light of the Polish Four-Year Seym’s legislation, and above all in the light of the statute on "Sejmiks" and also in the light of Constitution of 3 May 1791. The paper tries to answer whether – on the basis of the aforementioned provisions – the discussed mandate was open or imperative. In order to arrive at the correct answer the author outlines the scope of the analyzed problem. Thus he studies the relationship between the deputies and their electorate, the circles of the former and the latter, the methods applied for the election of deputies and the question of the possible instruction imposed on the deputies and the binding force of the instruction. He also discusses the reporting to which the deputies were obligated upon returning from the session. In the area of these questions the author tries to confront the regulations contained in the statute on the Sejmiks and those provided by the Constitution of 3 May. On the basis of the analysis made by him the author arrives at the conclusion that – in the light of the Four-Year Seym legisilation – the mandate was open. This meant that the concept of imperative mandate was rejected. The paper tries to sum up what previously was established in the research on the problem. In addition the author explores the extent to which the idea of legal accountability of deputies to their electorate might have affected the nature of the deputy’s mandate.
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