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Constitution of May 3, 1791

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Masing J.

Studia Prawnicze

2012

issue 4 (192)

7-23

Based on a speech held by Johannes Masing on the occasion of the 221st anniver-sary of the Polish Constitution of May 3, 1791, this article outlines this constitu-tion’s position in the history of the modern constitutional state. It initially high-lights the domestic importance of the constitution’s achievements in Poland against the background of the old Republic of Nobles’ shortcomings. The author subsequently contrasts the basic ideas of the Constitution of May 3 with French and American constitutional developments at the time. It is empha-sised that these constitutional processes were aimed at a new legitimisation of public governance whereas the Constitution of May 3 maintained the rule of privi-leged estates. The absence of basic and human rights provisions in the Constitu-tion of May 3 is also identified as a pre-modern element. On the other hand, the conceptualisation of an entire public system as achieved in the Constitution of May 3 is understood as a characteristic of modern constitu-tions. Further modern features are recognised in the formation of a singular elec-toral body, the association of electoral franchise with freehold, the understanding of all executive and judicial powers as merely derived authority, and the account-ability of members of the executive branch to the Sejm. Masing concludes that while the Constitution of May 3 does not contain the modern constitutional scheme of legitimate governance exhaustively, it includes however many progres-sive elements. Looking at the constitution as a whole, it can be considered as the first modern constitution of Europe. Masing then covers the importance of the Constitution of May 3 for the self-concept of the Polish Nation. Finally, he demonstrates the striking resemblance between current deficiencies in European integration and the challenges faced by Poland in 1791.

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Constitution of May 3, 1791