The Head of State in Poland From the Perspective of Legal History

Abstract

The theoretical analysis of the concept of the head of state cannot be detached from its historical, legal, international, and functional aspects. In this article, the analysis of the head of state is carried out primarily in the context of competences and performed functions. The Republic of Poland, with its system based on the 1997 Constitution, is a representative democracy in which executive power is exercised by the government, subject to parliamentary control; legislative power belongs to the bicameral Parliament. The President is the head of state who, according to the Constitution, is the highest representative
of the Republic of Poland and the guarantor of the continuity of state power. The role of head of state has changed its form and meaning over the centuries. The aim of this article is to present the process whereby the competences of the head of state
were shaped. Analysis of the period from the adoption of the first constitution in 1791, the Constitution of May 3, deserves special attention in the context of the changes that have taken place in the institution of the head of state. On the basis of the historical background as well as the various constitutions, this article presents the concept of the head of state in the aspect of state sovereignty and its attributes as well as the legitimacy of public authority, and analyzes both the legal and factual status of this body.