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The issue of intensifying female participation in public life, and particularly in political life, has recently been the subject of lively discussions, in particular in the social sciences. The number of female candidates on the election ballots for representative organs is clearly insufficient in comparison to the size of the female electorate, as well as the abilities, skills and intellectual potential women occupy. This problem has also been widely discussed in Poland. As a result of these quite heated disputes and discussions, accompanied by an interesting exchange of views on the doctrine of electoral law, an instrument to increase female representation on election ballots (a quota system) was introduced into the Polish electoral system. The subject of this paper, however, is not the issue of the grounds or justification for the legal instruments applied, or an assessment of the activities of the state authorities or the institutions of public life in this respect. Rather, the paper analyzes the legal solutions introduced in Poland in order to increase the political participation of women from the point of view of their conformity with the regulations of the Constitution of the Polish Republic. For this purpose, the author refers both to the doctrine of constitutional law and the adjudications of the Constitutional Tribunal. This analysis leads to the conclusion that the ‘compensatory privilege’, introduced in law, is highly questionable in terms of its conformity with the Polish Constitution. In this light an amendment to the Constitution would be recommended, providing a constitu- tional status to the provisions on equality.
EN
According to comparative studies, the level of women’s participation in parliaments of individual countries is constantly growing. It was undoubtedly influenced by social and cultural conditions as well as institutional factors, such as various variants of gender quotas. Electoral systems and their constituent elements (electoral formulas, constituencies, voting structure) continue to influence women’s electoral success. Proportional electoral systems are still more favourable to women than majority systems. Empirical studies have confirmed that women have also a better chance to be elected when competing in large constituencies and closed party list systems. Linking women’s electoral quotas to the above elements of electoral systems definitely influences the representativeness of parliaments and the participation of women in them.
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