Poland 1997
Poland’s constitution writing process took place in response to internal demands for broad participation in the political process and the collapse of the Soviet Union. The 1997 constitution was the result of an extended drafting process that started with roundtable talks in early 1989. The roundtable talks resulted in agreement to use an amended version of the 1952 constitution as an interim document. The modifications deleted language that gave the communist party a leading role, created the position of president, established a senate, and declared Poland a free, democratic, multi-party state. The talks scheduled elections for June 1990, although the Communists were promised 2/3 of the seats in the lower house.
After the elections, the new bicameral National Assembly took responsibility for drafting a new constitution. A 56-member drafting committee was appointed by the 560-member assembly to prepare the initial text. This committee included delegates from the assembly, members of the constitutional court, government ministers, and the president. Because of the large number of parties represented in the new legislature, it proved difficult to muster the required 2/3 support for a new text. In 1992, the national assembly agreed to promulgate a second interim constitution, known as the “Little Constitution.” This document more clearly delineated presidential and parliamentary powers.
After another set of elections in 1993, a new national assembly returned to the process of constitution drafting. It appointed a committee to solicit suggestions and comment from a wide array of groups, including political parties that had failed to win seats in the legislature. In 1997, the assembly approved by 451 of the 497 legislators present. The draft went to a national referendum. Turnout was 43% and of those voting, 57% approved the draft.