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Posłowie i senatorowie w składach gabinetów II Rzeczypospolitej w latach 1919−1939. Prawo i praktyka parlamentarna

100%

Tusiński P. A.

Przegląd Sejmowy

2015

issue 6(131)

103-130

Political and parliamentary systems of the Second Republic of Poland in the fi rst years of its existence was based on the European continental models, mostly the French ones. This remark concerns also the issue of parliamentarisation of ministerial posts, also referred to as mutual interpenetration of the legislative and executive powers. During the operation of the Legislative Sejm (1919–1922) the legal basis of constitutional practices in this area was provided by customary law, raised to constitutional rank under the Basic Law of 1921 and — despite the formal break with a parliamentary-cabinet system provided for by April Constitution of 1935 — effectively operating as positive-law norm of an ordinary statute. The characteristic traits of Polish parliamentary practice of the 20-year interwar period include: extension of the possibility of holding positions in government jointly with the exercise of a parliamentary mandate on the office of the undersecretary of state, parliamentary ministers serving on the so-called expert (non-parliamentary) cabinets and the participation of expert Ministers (in 1919–1922 even numerically predominating) in the composition of “ministries” created by a coalition of Sejm (parliamentary) factions. The practice of appointing Deputies and Senators to governments was continued in the period following the May coup, and even intensifi ed in the 1930s, despite the fact that they were of a purely extra-parliamentary nature. It should be noted, however, that if under the parliamentary-cabinet system the mutual interpenetration of legislative and executive was aimed, in general, to enhance cooperation between these two constitutional institutions, under the reign of Sanacja it rather refl ected either the fi ght against parliamentarism (breaking the internal cohesion of political groups represented in the Sejm) or political and personal struggles within its leadership.

Pozaustawodawcze procedury parlamentarne w pierwszym sejmie odrodzonej Rzeczypospolitej Polskiej (1919–1922). Regulacja prawna i praktyka parlamentarna

80%

Tusiński P. A.

Przegląd Sejmowy

2019

issue 2(151)

123–156

The first Sejm of the Renascent Republic of Poland — the Legislative Sejm — performed not only the legislative function, but also other systemic functions: oversight over the executive, creative function and the function of the guardian of Deputies’ immunity. In order to perform those functions, the chamber applied various detailed parliamentary procedures — variants of the so-called motion proceedings. The sources of law of these procedures contained norms rudimentarily included in the Small Constitution of 20 February 1919 and principally, in the Standing Orders of the Sejm, although there predominated legal-customary norms, partially implemented from Western European parliamentarism, and partially established domestically, on the basis of parliamentary practice. The majority of extra-legislative procedures and proceedings commenced on their basis, were those within the oversight function of the Sejm (including proceedings related to government investments, interpellations and proceedings involving investigative committees), and further, proceedings related to immunity, including mostly proceedings in matters to express the chamber’s consent to waive a Deputy’s immunity and interventions related to infringement of a Deputy’s immunity by organs of administration. The proceedings established by the Legislative Sejm in relation to immunity proceedings, in the scope of bringing Deputies to extra-immunity accountability, applied eight times before the intra-chamber peer courts — Marshal’s Court and Court of Honour — were an originality in all of the European parliamentarism of the time.

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2 Przegląd Sejmowy

2 Tusiński P. A.

1 2019

1 2015

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Posłowie i senatorowie w składach gabinetów II Rzeczypospolitej w latach 1919−1939. Prawo i praktyka parlamentarna

Pozaustawodawcze procedury parlamentarne w pierwszym sejmie odrodzonej Rzeczypospolitej Polskiej (1919–1922). Regulacja prawna i praktyka parlamentarna