The aim of this seminar is to shed the light on Central European and Nordic constitutional traditions.
Much has been said about American and French or British constitutions, but not too many people
know that the first modern constitution in Europe was the Polish Constitution of 3 May 1791. Being
revolutionary in its content and form, the Constitution was like a great attempt of massive
democratic reform of the rotten state, which was endangered by the external powers (absolute
monarchies: Russia, Prussia, Austria) and internal problems (weak central government; too many
class privileges). A new constitutional monarchy with a strong government equally respecting all
people should have been a main result of this constitutional reform. Paradoxically, Poles paid the
greatest possible price for the reform: its neighbours militarily intervened and carried out Poland's
portioning (for the years of 1795-1918). In this context, inspiring might be also going back to some
Swedish constitutional reforms from the 18th and 19th centuries as well as new constitutional
traditions in Central and Eastern Europe in the 20th century.
Interestingly, this year, Poland is also celebrating the 1050th anniversary of its own statehood
(joining the Christendom in 966). Since the 14th till 18th centuries, the country had developed many
democratic institutions (like a fair trial, freedom of speech, freedom of religion, elections of
monarchs, liberum veto, "golden freedom", domination of Sejm-parliament, checks and balances)
based on written or unwritten "constitutions". This is not a well known fact in the worldwide
academia. Poland was one of the biggest states not only in Europe by the 18th century (e.g. almost 1
mln km2 in 1620). Its diversity consisted of many nations and cultures. It has never been an absolute
monarchy, but was proud of "golden freedom". The revolutionary Constitution of May 3rd remains
the most important reference in Polish constitutional heritage. Unfortunately and surprisingly, this is
still a very forgotten legal act in the world. "The 3rd of May" was forbidden in dark communist times,
but while in democracy this revolutionary democratic tradition seems still refreshing. So is any
constitutional revolution lawful?