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Veto - Liberty - Power in Polish Political Thought during the Eighteenth Century

100%

Grzeskowiak-Krwawicz A.

Kwartalnik Historyczny

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2004

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vol. 111

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issue 3

141-159

EN

The 18th century was a period when the liberum veto was not only universally applied in practice, but also obtained a complete legal and doctrinal superstructure. The principle was treated not only as an outcome of the necessity to attain universal consent while making political decisions, but as the right of individual protest against collective decisions. For the supporters of the liberum veto principle it was tantamount to an extreme expression of political liberty and a guarantee of equal participation in governance by all the gentry citizens. Both the adherents and the opponents of the veto emphasised that it signified enormous power potentially wielded by every participant of political life. Nevertheless, it remained a negative 'liberty to negate', whose intention was predominantly to protect the existing state of things against any sort of changes threatening liberty. The liberum veto was treated as a sui generis right of rights - a guarantee of all other gentry rights and privileges. Not only the opponents but also the apologists of the veto were well aware of the dangers stemming from it. This is the reason why even the most fervent praise was accompanied by complaints against its abuse. The opponents drew attention to the fact that in practice it remained a tool in the hands of magnates. It was also noted that it was not so much extreme individual liberty as the despotism of an individual breaking up a parliamentary session. Starting with 'Glos wolny' (The Free Voice) it was stressed that the veto destroys fundamental institutions ensuring liberty - the Seym and dietines, and thus leads to the downfall of the free Commonwealth. The most complete arguments against ius vetandi were presented and analysed by S. Konarski, who contrasted the liberum veto - conceived as the unlimited power of an individual - with the liberty of the whole community and the individual citizen. Successive authors tended to echo Konarski's thought rather than add new reflections. From the 1770s, no one any longer defended the liberum veto and political discussions once again turned to the problem of the threat posed by the tyranny of the majority and certain fundamental rights for the republic, whose change required the universal consent of all citizens.

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Russian Efforts to Preserve the Liberum Veto and to Obtain a Guarantee during the Interregnum of 1763-1764

80%

Zielinska Z.

Kwartalnik Historyczny

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2004

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vol. 111

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issue 3

63-88

EN

The study focuses on sources demonstrating the Russian attitude towards plans of eliminating or at least limiting the liberum veto during the interregnum of 1763-1764. The planned imposition of a systemic guarantee was envisaged by St. Petersburg as an instrument of control and hindering all transformations aimed at a rebirth of the Commonwealth. The promoter of the pro-reform undertakings was the Czartoryski 'Family', representing a pro-Russian orientation, with whose assistance Catherine II wished to realise her election plans without, however, permitting the implementation of the pro-reform strivings of the leaders of the 'Family'. The steps taken by the Russian envoys in Poland in the defence of the liberum veto, supported by the diplomatic representatives of Prussia, are evidence that Russia was hostile towards all reforms leading towards the reinforcement of the Commonwealth. The consent expressed by St. Petersburg for some of the transformations (the Fiscal and Military Commissions) stemmed from a conviction that, contrary to the intentions of the reforms, they would weaken executive authority and facilitate the control wielded by the neighbouring states over public life in Poland. The author tried, on the one hand, to show the sequence of events which despite the prohibition issued by the Russian court, led at the convocation Seym to a partial restriction of the liberum veto. On the other hand, she describes the persistent striving of the envoys of Catherine the Great to impose systemic guarantees. One of the paths leading to the latter projects (conceived as a guarantee offered both by Russia and Prussia) was the question of dissidents launched by St. Petersburg. The praxis of consecutive confederation parliaments, to which Russia agreed in 1764-1776, rendered universal the custom of decisions made by the majority and, despite the preservation of the liberum veto which was sealed in 1767 by a systemic guarantee, it dealt a permanent blow to it.

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Wincenty Skrzetuski o „Liberum veto“ i konfederacjach w Rzeczypospolitej szlacheckiej

70%

Organiściak W.

Z Dziejów Prawa

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2012

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vol. 5(13)

93-107

EN

Skrzetuski’s considerations on confederations were very general in nature whereas the au- thor of Prawo polityczne narodu polskiego is portrayed as their opponent. Within his, momentar- ily very general, description of the history and ways of functioning confederation in the former Republic, he shows his moderate views treating confederation as the necessary evil. It is different in the case of liberum veto, which he criticises after Konarski, though also in this case there is the lack of a directly expressed postulate of a total elimination of this institution.

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2 Kwartalnik Historyczny

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1 Grzeskowiak-Krwawicz A.

1 Organiściak W.

1 Zielinska Z.

1 2012

2 2004

Veto - Liberty - Power in Polish Political Thought during the Eighteenth Century

Russian Efforts to Preserve the Liberum Veto and to Obtain a Guarantee during the Interregnum of 1763-1764

Wincenty Skrzetuski o „Liberum veto“ i konfederacjach w Rzeczypospolitej szlacheckiej