Comparative Legal Analysis of the Principle of Division of Powers of the First European Constitutions of the Polish-Lithuanian Commonwealth and France of 1791

Abstract

Based on the comparative legal method, the article examines the first European experience of enshrining the principle of separation of powers into legislative, executive and judicial in the constitutions of the Polish- Lithuanian Commonwealth and France of 1791. The author analyzes the features of the formation and powers of the Legislative Corps of the French kingdom, as well as the bicameral Seme of the Polish-Lithuanian Commonwealth. Within the framework of a comparative analysis, the status of the constitutional monarchs of France and Poland is compared, their prerogatives within the executive branch, the institution of regency and the system of succession to the throne are examined. In addition, the author pays special attention to the status of the judicial authorities, called upon to administer justice. The article notes the influence of the US Constitution of 1787 on European fundamental laws, notes the role of the revolutionary events of the Great French Bourgeois Revolution designed to destroy the feudal order of absolutism, as well as the political desire of the Polish elite to preserve statehood by abandoning the ancient liberties of the gentry, which consisted in electing kings, the right of free veto when passing laws and the ability to legally resist the king by declaring an armed rebellion - rokosz. The Polish model of separation of powers is characterized as less controversial than the French one, since the members (Guardians of the Laws of the Polish-Lithuanian Commonwealth), i. e. ministers, could sit in the Senate. The Polish separation of powers did not recognize the separation of church power from secular power, therefore the primate, the head of Polish Catholics, was also a member of the government.