Koncepcja nowoczesnego konstytucjonalizmu w historii prawa

Abstract

Although the great numbers of studies devoted to the history of constitutionalism have been undertaken, the author would like to analyze in this paper the concept of modern constitutionalism and its essentials, presented for the fi rst time in the timeless catalogue of Virginia Declaration of Rights (1776) employing a new, bold language. The conceptual foundation of modern constitutionalism resulted in the principles of popular sovereignty, a declaration of rights, separation of powers, limited and responsible government, the constitution as supreme law, amending power of the people. This catalogue of essentials was discussed among others by Horst Dippel. However it can not be analyzed ’beyond time’ and beyond a given place, as some authors used to do. As the historical categories they have changeable contents. Even when the abovementioned principles of modern constitutionalism were not applied consequently and correctly as in the case of the May 3rd Constitution (1791), still remained polish Government Statute the more advanced and unfortunately underestimated than any constitution in the central Europe, rejecting modern constitutionalism in the next hundred years.