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Shaping the Congress Kingdom of Poland (1815â1830)
The Interconnectivity of Constitutional and Liberal Ideas in Europe after Napoleon
Series: - Legal History Library, Volume: 79
Should the dispute over the interpretation of the 1815 constitution of Congress Poland be considered a key factor that shaped Polish political liberalism, and if so, why? The authors of this volume explore this question against the backdrop of constitutional development in post-Napoleonic Europe. The aim of this book is to illustrate the mutual interdependence between political liberalism and constitutionalism after the Congress of Vienna and to examine how Western European constitutional and liberal ideas intermingled with traditional Polish aristocratic republicanism.
MichaÅ GaÅÄdek, Dr. iur. (2010), Dr. hab. iur. (2018), is Professor and Chair of the Department of Legal History at the University of GdaÅsk, as well as Vice-President for Science of the Polish Society for Legal History. His most recent monograph is Ideology and Private Law: Polish Experiences in the Long 20th Century (Brill, 2025).
Anna Tarnowska, Dr. iur (2007), Dr hab. iur. (2020), is Professor at the Nicolaus Copernicus University in ToruÅ's Department of the History of Legal and Political Thought and German Law, Chairwoman of the Legal-Economic Chapter of the Scientific Society in ToruÅ, and Vice-President of the Polish Society for Legal History. She has authored numerous books and articles on legal history and constitutionalism.
Anna Tarnowska, Dr. iur (2007), Dr hab. iur. (2020), is Professor at the Nicolaus Copernicus University in ToruÅ's Department of the History of Legal and Political Thought and German Law, Chairwoman of the Legal-Economic Chapter of the Scientific Society in ToruÅ, and Vice-President of the Polish Society for Legal History. She has authored numerous books and articles on legal history and constitutionalism.
Contents
List of Figures
List of Abbreviations
1 Introduction
â1 The Constitutional Congress Kingdom of Poland in the European Context and the Research Problems
â2 âSoftâ versus âHardâ and Global versus Local Constitutional History
â3 Structure of the book
â4 State of Research and Specificity of Source Materials
2 Evolution of Political Thought: Polish Traditional Republicanism and the Birth of Liberalism
â1 Old Polish Republicanism
â2 The Legacy of the âGentle Revolutionâ of the Great Sejm (1788â1792)
â3 Between Old Polish Republicanism and Future Conservatism: The Relay Team
â4 The Origins of Polish Political Liberalism
â5 Sources of Inspiration and Ways of Development for Political Liberalism in the Kingdom of Poland
3 The Constitution
â1 Inspirations and Dilemmas: The Dynamics of European Constitutionalism in the First Decades of the Nineteenth Century
â2 Napoleonic âConstitutionalismâ in the Duchy of Warsaw (1807â1815)
â3 The Coming about of the Constitution of the Kingdom of Poland of 1815
â4 Sources of Inspiration for the Constitution of the Kingdom of Poland and the Anachronicity of the Constitution of 3 May 1791
â5 What Was the Constitution of Kingdom of Poland to Poles and to the Tsar?
4 The Monarch
â1 The Monarchical Principle in France and Germany in the First Half of the Nineteenth Century
â2 Controversy over the Monarchâs Sovereign Rights in the Kingdom of Poland
â3 Omnipotence of the Monarch in the Executive
5 The Executive Branch
â1 Organization of the Central Government: Modification of the System Established under the Duchy of Warsaw
â2 Centralized Bureaucratic Administration Inherited from the Duchy of Warsaw
â3 From Glorification to Aversion to Officials
â4 Collegiality in the Administration: The Violation of the Central Constitutional Principle in the Executive Branch
6 The National Representation
â1 Organisation of the Sejm
â2 Powers in the Legislative Area
â3 Monitoring Powers and Constitutional Accountability
â4 Attitude towards the Supremacy of the Insurgent Sejm during the November Uprising (1830â1831)
â5 Voivodeship Councils
7 Citizenship Rights and Freedoms, Independence of the Judiciary, and the Rule of Law
â1 Citizenship Rights and Freedoms in Poland, France and South Germany
â2 âCrippledâ Equality before Law: The Issue of Political Rights
â3 Personal Freedom and Inviolability of the Person
â4 Inviolability of Property
â5 Independence of the Judiciary
â6 Freedom of Religion
â7 Freedom of the Press
â8 The Rule of Law
8 Conclusions
Bibliography
Index of Names
Index of Subjects
List of Figures
List of Abbreviations
1 Introduction
â1 The Constitutional Congress Kingdom of Poland in the European Context and the Research Problems
â2 âSoftâ versus âHardâ and Global versus Local Constitutional History
â3 Structure of the book
â4 State of Research and Specificity of Source Materials
2 Evolution of Political Thought: Polish Traditional Republicanism and the Birth of Liberalism
â1 Old Polish Republicanism
â2 The Legacy of the âGentle Revolutionâ of the Great Sejm (1788â1792)
â3 Between Old Polish Republicanism and Future Conservatism: The Relay Team
â4 The Origins of Polish Political Liberalism
â5 Sources of Inspiration and Ways of Development for Political Liberalism in the Kingdom of Poland
3 The Constitution
â1 Inspirations and Dilemmas: The Dynamics of European Constitutionalism in the First Decades of the Nineteenth Century
â2 Napoleonic âConstitutionalismâ in the Duchy of Warsaw (1807â1815)
â3 The Coming about of the Constitution of the Kingdom of Poland of 1815
â4 Sources of Inspiration for the Constitution of the Kingdom of Poland and the Anachronicity of the Constitution of 3 May 1791
â5 What Was the Constitution of Kingdom of Poland to Poles and to the Tsar?
4 The Monarch
â1 The Monarchical Principle in France and Germany in the First Half of the Nineteenth Century
â2 Controversy over the Monarchâs Sovereign Rights in the Kingdom of Poland
â3 Omnipotence of the Monarch in the Executive
5 The Executive Branch
â1 Organization of the Central Government: Modification of the System Established under the Duchy of Warsaw
â2 Centralized Bureaucratic Administration Inherited from the Duchy of Warsaw
â3 From Glorification to Aversion to Officials
â4 Collegiality in the Administration: The Violation of the Central Constitutional Principle in the Executive Branch
6 The National Representation
â1 Organisation of the Sejm
â2 Powers in the Legislative Area
â3 Monitoring Powers and Constitutional Accountability
â4 Attitude towards the Supremacy of the Insurgent Sejm during the November Uprising (1830â1831)
â5 Voivodeship Councils
7 Citizenship Rights and Freedoms, Independence of the Judiciary, and the Rule of Law
â1 Citizenship Rights and Freedoms in Poland, France and South Germany
â2 âCrippledâ Equality before Law: The Issue of Political Rights
â3 Personal Freedom and Inviolability of the Person
â4 Inviolability of Property
â5 Independence of the Judiciary
â6 Freedom of Religion
â7 Freedom of the Press
â8 The Rule of Law
8 Conclusions
Bibliography
Index of Names
Index of Subjects
This book will be of particular relevance to scholars and post-graduate students interested in the history of the 19th century, constitutional law, and political thought.