Referendum przedkonstytucyjne i dopuszczalność zmiany ustawy zasadniczej w trybie artykułu 125 Konstytucji RP z 1997 r.

Abstract

Recently the issue of amendment of the basic law under Article 125 of the Constitution has become a very important subject of political and legal-scientific debate in our country. It has re-emerged after the President of the Republic of Poland, Andrzej Duda, announced in August 2017 that on 10–11 November 2018 a consultative referendum will be held on the adoption of the new Constitution of the Republic of Poland. This idea aroused fundamental doubts of a legal nature, as there are serious concerns as to the compliance with the Constitution of the Republic of Poland to order and conduct such a referendum. Despite the fact that President Duda's initiative has little chance of success in this parliamentary term, as on 24 July 2018, the Senate rejected the presidential motion for its ordinance, this does not mean that similar initiatives will not be taken in the future. From this perspective, it is worth discussing at this point two basic matters related to the issue under consideration – first, the subject of the referendum on matters of particular importance for the state and the previous attempts to amend the Constitution of the Republic of Poland under Article 125.