The Institution of Countersignature in the Constitutional Discussion before the Resolution of Polish Constitution in 1935

Abstract

This article presents the discussion about the institution of countersignature in Poland, which preceded the resolution of Polish Constitution in 1935. The author shows the opinions of major political parties and distinguished scientists about this institution. The discussion, which had been held before the Constitution was passed, seems to be very interesting for modern science.

During the discussion was presented the great variety of conceptions of understanding the institution of countersignature. Some scientists understood, that this is the institution according to which the head of state always follows the advice of government and without which the decisions of the president would be invalid. Others were the opinion, that the countersignature is the institution by which the member of government only accepts the political responsibility for the countersigned act, but the real decision is taken by the head of state.

Finally, the discussion and controversies caused a very important change in the way of understanding the institution of countersignature and its constitutional and political meaning, which helped to create the strong presidency in the Polish Constitution of 1935.