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The History of the Polish Senate

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The History of the Polish Senate NOTES ON THE SENATE SENATE OF THE REPUBLIC OF POLAND CHANCELLERY OF THE SENATE 6, WIEJSKA STR. | 00-902 WARSAW TEL. 48 22 694 90 34 | FAX 48 22 694 93 06 [email protected] The History of the Polish Senate www.senat.gov.pl www.facebook.com/SenatRP Origins The Second Chamber of the Polish Parliament originates from the Royal Council, which was the monarch’s consultative body created in the middle of the 14th century. Its composition was not constant. It was appointed every time by the King. Roman Catholic archbishops and bishops, the highest state officials, i.e. the Chancellor, the Vice-Chancellor, the Treasurer and the Grand Marshal of the Crown and also land officials – Voivodes and Castellans were always invited. Those offices were awarded by the King for life. The Royal Council also participated in provincial and general gatherings convened by the monarch. Noblemen as well as representatives of towns and cathedral chapters also took part in such gatherings. For the King, the gatherings served the purpose King Alexander Jagiellon in the Sejm (Wood engraving, Krakow, 1506) (photo by M. Glinicki, Archives of the Sejm Publishing House) The History of the Polish Senate of obtaining social support, primarily in tax issues. As from the conclusion of the Polish-Lithuanian Such gatherings also had their ceremonial, including Union in 1569, the Senate of the Crown and the Se- joint deliberations held by the King and the Royal nate of Lithuania were merged together. This state Council. The remaining participants deliberated of affairs lasted until the end of the existence of the separately. This custom took shape most probably Polish–Lithuanian Commonwealth. in the middle of the 15th century. In the same pe- riod, the Council gradually ceased to be convened as After the death of the last Jagiellon, in 1572 a new a whole. It was decided to appoint 4 of its members King election procedure was shaped. The Republic to assist the King on a permanent basis. became an elective monarchy. At each subsequent interregnum, the state power was taken over by the General gatherings gradually evolved into the Sejm. Primate, who took up the function of interrex, re- Starting from the general gathering in Piotrków in placing the King. At every election Sejm, which was 1493, nobles began to send their representatives to preceded by a convocation Sejm in charge of prepa- such assemblies, i.e. deputies elected at voivodship ring the election, the Senate deliberated separately, provincial parliaments. This is how the Chamber of however Senators voted together with the nobility Deputies came into being. The Royal Council came from their voivodeship. The election of the King was to be called the Senate (Latin senatus – council of el- announced by the Grand Marshal of the Crown. The ders), while its members were called Senators (Latin coronation was performed by the Primate during the senex: old man). The King also participated in the coronation Sejm. debates of the Sejm. Thus, the Sejm was composed of 3 deliberating estates: the Chamber of Deputies, At the election Sejm of 1573, a set of fundamental the Senate and the King. Beyond the Sejm gathe- principles of state governance were enacted (the so- rings, the Senate continued to function as the Royal -called Henrician Articles), which the elected King Council. committed himself to respect. The Senate gained new competences – the monarch had to consult the The period of old poland Chamber when convening the Sejm, receiving fore- ign envoys and sending out his own envoys, incre- Originally, the Senate’s status in the Sejm was ne- asing the army and in marital plans. Four senators ither independent nor equal to that of the Chamber present on a permanent basis by side of the King of Deputies. This situation was changed by the Nihil were to provide him with advice. At the same time, novi constitution (Latin: nothing new) of 1515, ac- they scrutinised the exercise of power by the King cording to which the King could not enact new laws and presented reports at Sejm sessions. During sub- without the approval of the deliberating estates, i.e. sequent years, the institution of resident senators the Sejm. Consequently, the Senate, in its capacity was not governed by binding law. It is only in 1607 as a separate deliberating estate, achieved the same that the residents were appointed for the first time. status as the Chamber of Deputies. At that time, the Royal Chancellery was also ordered to take down in writing the Senate council’s resolu- The composition of the Senate became established in tions. From 1576, the Senate had the right to admo- the first half of the 16th century. It included: Catholic nish the monarch if the latter broke the law. archbishops and bishops, Voivodes, Greater and Lesser Castellans and ministers, i.e. the Great Marshal, the The first half of the 17th century was a time of gro- Chancellor, the Vice-Chancellor, the Great Treasurer wing importance of the Senate. The so-called small and the Court Marshal. All those officials were appo- Senate, i.e. the trusted group of senators of whose inted by the King for life. The most important senator, counsel and opinions the King availed himself when i.e. the President of the Senate, was the Archbishop of exercising power, had the greatest influence on the Gniezno (the Primate). In the absence of the King, who exercise of the royal power. Due to the necessity of presided over the deliberations of the Chamber through adopting Sejm constitutions by acclamation, exercise the intermediary of the Great Crown Marshal, the Pri- by the Senate of the right of veto over acts passed mate presided over the debates. by the deputies in the years 1631–1632 became si- gnificant. From the middle of the 17th century, the That period was also marked by the Executionist right of veto came to be considered as the right of movement. Its leaders put forward the concept of the each deputy and senator to question any procedural Senate as guardian of the rights and freedoms of the act connected with the course of the debate (libe- nobility. This approach did not meet with the under- rum veto). Putting this principle into practice lead standing of the King, who still viewed the Senate in to interrupting deliberations of the Sejm and nulli- the role of his advisor. fying the results of its hitherto legislative work. Over The History of the Polish Senate time, this led to a total paralysis of the Sejm’s work. the Sejm was made up of the Chamber of Deputies A potential solution to this problem was convening and of the Senate. The Senate was composed of bi- a Sejm after having established a confederation. Such shops, voivodes and castellans, appointed by the King. an assembly was exceptional, because it could not be They deliberated under the leadership of the monarch interrupted, resolutions were passed by majority vote or another chairman appointed by him. In line with and senators deliberated together with deputies. the old tradition, the office of senator was held for life. The competences of the Sejm were limited. It made In the 18th century, the crisis of the state and its decisions with respect to tax issues and currency issu- institutions began to deepen. In 1768, the cardinal ance. It also had the right to amend civil and criminal laws were adopted, which were the fundamental and law provisions. The Senate controlled the activity of invariable principles of the political system of the the Chamber of Deputies as far as respecting the pro- Republic. The law was to be enacted by the Sejm, visions of the constitution and of the legislative pro- consisting of 3 estates: the King, the senators and cedure was concerned. It also supervised the lists of the knights. The right of veto was upheld, but it was persons with electoral rights in elections to the Cham- limited and the possibility to interrupt the Sejm on ber of Deputies, decided on the validity of elections to the grounds of the veto was eliminated. The compo- this Chamber and on the validity of Provincial Parlia- sition of the Senate was extende ments and communal gatherings. d to include the Great and Field Hetmans. In 1775, The formal liquidation of the Duchy of Warsaw took the institution of the King’s resident senators was place at the Vienna Congress in 1815. The Kingdom abolished and the Permanent Council composed of of Poland was created from part of its territory, lin- deputies and senators was established. Deliberations ked by a real union with the Russian Empire. Accor- of the Permanent Council were chaired by the King. ding to the constitution bestowed by the tsar, it was a constitutional monarchy. The legislative power was The end of the 18th century brought profound wielded by the Sejm, composed of the King, the Se- changes in the political system. On 3 May 1791, the nate and the Chamber of Deputies. The Senate was Sejm deliberating in the years 1788–1792, called the thus one of the 3 deliberating estates with the same Great Sejm or the Four-Year Sejm, enacted a consti- competencies as the Chamber of Deputies. It was tution, which overhauled the political system of the composed of bishops, voivodes and castellans. They state. The role of the Senate was reduced in favour could not make up more than one half of the Cham- of the Chamber of Deputies. The King ceased to be ber of Deputies. The competencies of the Sejm inclu- a separate debating estate and became the chair of ded: law-making in the area of law applied in law co- the Senate.
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