WERSJA WYDRUKOWANA S.Starzyński Druk Ok
Total Page:16
File Type:pdf, Size:1020Kb
Stanis:aw Starzy>s4i L18I3193IN and the development of constitutional law in Poland 0his book is dedicated to a professor of Jan Kazimierz 2niversity in 3vov (J&2), Stanis aw Starzyski, the most outstanding 7olish constitutionalist at the turn of the nineteenth and twentieth centuries, as well as to the study of constitutional law in the period when Starzyski worked. As one of Stanis aw Starzyskims students admitted, many 7olish scholars and jurists before the .. WW, including in particular constitutionalists, went through the soDcalled TStarzyski schoolU, or at least listened to his lectures, for example, 3udwik Ehrlich, EdD ward 5ubanowicz, Fdzis aw 7rchnicki, Antoni Wereszczyski, Antoni 7eretiatkowicz, Wac aw Komarnicki, Antoni Deryng, Zenon Wachlowski, Marian Fimmermann . StarzyD ski was regarded as a venerable sage among constitutionalists, as was repeatedly emphaD sized. Among the lawyers who later would go on to achieve international renown was 4ersch 3auterpacht, later a professor at Cambridge, who can be considered Starzyskims student. Raphael 3emkin also attended Starzyskims lectures. Education and study Stanis aw Starzyski was born on April 18, 1853, in Snowicz, in the F oczw district, to the Cojomir and Fofia family, but grew up in a family estate in 5erewnia near V kiew. 4e received his initial education at home and took exams in a school run by the 5ominican order in V kiew. .n 18E5 he entered -ranz Joseph Middle School (,imnazjum) in 3vov which he finished in 18A with a matriculation examination. .n the same year, he began studies at the -aculty of 3aw, 2niversity of 3vov. .n the seventh seD mester, at 7rof. 0adeusz 7ilatms seminar, Starzyski prepared a work entitled O kompetencyi Trybunau Administracy-nego (On t e Competence of t e Administrative Tribu- nal) for which he was awarded a prize. .t was published shortly afterwards in T7rzegl?d S?dowy i AdministracyjnyU (1876) [T0he Court and Administrative ReviewU]. 0hus, being a student, he made himself known by a serious publication in scholarly literature. .t should be added that at the time of his studies Starzyski was one of the founders and then later president of the respected association 0owarzystwo TCiblioteka S uchaczw 7rawaU (Society of the T3ibrary of 3aw StudentsU); he was also active in the Czytelnia Akademicka (Academic Reading Room). 4e was associated with those organizations until the end of his life, taking care of them over the years on behalf of the Academic Senate. .t should be added that after professor Starzyskims death the TSociety of the ~3ibrary of Jan Kazimierz 2niversity 3aw StudentsmU was named in honour of Starzyski. .n autumn 1876 Starzyski began work in the 3vov Governorship. A few months later, in January 1877, he passed the government theoretical examination in political science, thus completing his legal studies. .n 1879 he took a doctoral rigorosum (exams) and on 9 April, 1879, he obtained the degree of 5octor of 3aws. .n the same month he was moved to clerical work at the 5istrict Office in 0arnw, where he worked until AuD gust of that year, then resigned from office work to continue his legal studies in the field of 7olitical 3aw and the 3aw of Administrative 7roceedings. 4e then returned to 5erewnia where he completed a critical treatise entitled 0a-nowsze zapatrywania na stanowisko i kompetency-₣ Se-m5w Kra-owyc ( T e 2atest Oiews on t e Position and Compe- tence of Diets in ,ustro-:ungarian Empire ), 18A9). At the end of 18A9, he passed a Tpractical clerical written and oral examination in legislation and administrative and political proD ceedingsU while still working at the ,overnorship. A year later, in October, he travelled to Vienna and Munich, where he stayed for a year (1880/1881) to study law. 4e enrolled as 334 an extramural student at the 2niversity of Vienna . 4e attended, amongst others, lecD tures by the following professors: 3orenz von Stein (1815í1890) í economist and politiD cian, Johan Adolf Edler von Stadow 0omaschek (1822í1898) í law historian, Wenzel 3ustkandel (1832í1906) í expert in political (constitutional) law and 0heodor von 5antscherDKollersberg (1844í1909) í expert in political law. 4e also worked on his future postDdoctoral dissertation in various Viennese libraries: the court library, the uniD versity library and the library of the State Council (to the latter he received a pass thanks to the help of the then ViceD7resident of the Chamber of 5eputies, 5r. -ranciszek Smolka 1810P1899). 7rofessor, dean and rector of 3vov 2niversity On November 9 1881, 5r. Starzyski submitted an extensive treatise which was the result of his studies abroad, entitled O tzw. ustawodawstwie tymczasowym. Studium por5w- nawcze z dziedziny prawa politycznego (3ww 1883) ( On So-called Temporary 2egislation. , comparative study in t e field of political law ), to the professorial staff of the -aculty of 3aw and 7olitical Skills at the 2niversity of 3vov, with a repuest for admission to a postDdoctoral degree (habilitacja) on the basis of this book. 4e attached a handwritten curriculum vitae and a syllabus of lectures in the field of Austrian political rights. Starzyski based the systematics of his lecture on Carl -riedrich von Gerberés textbook entitled .rundz[ge eines Systems des deutsc en Staatsrec ts (1865í1869) and on a work by George Meyer entitled 2e rbuc des deutsc en Staatsrec ts (3eipzig 18A8) which was often reprinted. Starzyski obtained his postdoctoral degree in Austrian political law in March 1883. Six years after obtaining the degree, in accordance with an imperial order of 3 April 1889 he was appointed associate professor of political law at the -aculty of 3aw and 7olitical Sciences (Wydzia 7rawa i 2miejWtnoRci 7olitycznych), and thus the first independent 7olish department of political, i.e. constitutional, law and also the first independent deD partment of political law in 7olish history was established at 3vov 2niversity. 0hree years later, by virtue of the imperial order of 4 July 189 , Starzyski was appointed professor of political law at Jan Kazimierz 2niversity. Starzyski held many academic positions and dignities at the 2niversity of 3vov. .n the years 1900í1903 he was a delegate of the 7rofessorial Staff of the -aculty of 3aw to the Academic Senate. .n the academic year 1895í1896 he was the 5ean of the -aculty of 3aw, and 5eputy 5ean in the year 1896í1897. 4e served as 5ean again in the academic year 1918í1919 (as 5ean, he administered the oath of allegiance to the reborn 7olish state from the members of the faculty), but then resigned from office at the meeting of the -aculty on April 24, 1919. .n the year 1913í1914 he was a president (Rector) of 3vov 2niversity, while in the year 1914í1915 he was formally viceDrector, but because of the occupation of 3vov by the Russians, he stayed in Vienna. .t has to be added that for the first time he was elected rector in 190 , however, he did not accept the result of the elecD tion then. .n 1923 Starzyski turned 70 and in accordance with Article 47 of the Act of AcaD demic Schools of 1920 he should have retired. 4owever, on 20 January 1923, the -aculty of 3aw adopted a petition to the Ministry of Religion and 7ublic Education for allowing 7rof. Starzyski to remain in office beyond the official retirement age. 0he universityés Academic Senate backed the -aculty and the Minister gave his consent on the 9 th of March that year. 5uring the next two years (1923í1924 and 19 4P19 5), the Ministry also gave their consent for the professor to remain in the department. 5espite this, 7rofesD sor Starzyski resigned from the department in 19 4. Stanislaw Edward Nahlik mentioned that two candidates were competing for the 3vov department: 5r. 3udwik Ehrlich AssociD ate 7rofessor of JK2 and 5r. 4ersch 3auterpacht, a graduate of 3vov 2niversity and Vienna 2niversity, later a prominent Critish scholar. 7rofessor Starzyskims opinion preD vailed, in favour of Ehrlich. 335 Cy a letter dated 3 rd of March 1925, the Ministry of Religion and 7ublic Education informed the -aculty of 3aw J&2 that the 7resident of the Republic, by virtue of the decision of 23 -ebruary 1925, had appointed 7rofessor Starzyski honourary professor of political law at Jan Kazimierz University. As professor emeritus, Starzyski could continue lecturing and was a member of the -aculty of 3aw J&2. 4e was also involved in the formation of a School of 5iplomacy at the Jan Kazimierz 2niversity in 1930. .n the years 1925í1930 he gave a lecture entitled T0he 3eague of NationsU, and in the years 1930í1935, in the 5iplomatic School he taught issues related to European countries (Modern Europe). .n May 19 8 the -aculty of at 3aw JK2 honoured professor Starzyski (together with professor W adys aw Abraham), by founding rectorms portraits painted by a renowned porD traitist, Kazimierz 7ochwalski. 0he renewal of his doctoral diploma (to commemorate the fiftieth anniversary of obtaining it) was another important event in the life of the venerable scholar. A booklet by Edward 5ubanowicz and 3udwik Ehrlich dedicated to the Starzyski was published on the occasion of that event. 0he award to the 7rofessor of an honourary doctorate at the Stefan Catory 2niverD sity in Vilnius in 1930 should also be noted, which probably occurred on the initiative of his student í Wac aw Komarnicki. Students Over several decades of his teaching Starzyski educated several generations of lawD yers, and had many students at that time. Among the best known of his students are: Edward .gnacy 5ubanowicz (1881í1943) í co-author of the 7olish constitution of 1921, 3udwik Ehrlich (1889í1968) í expert in the law of nations (international public law) and, among other activities, organizer of the only School of 5iplomacy in this part of Europe, operating at the -aculty of 3aw J&2, Fdzis aw 7rÓchnicki (1875í1939), Antoni Wereszczyski (1878í1948) P who was later the last rector of the 7olish 3vov 0echnical 2niversity (in 1939), and the aforementioned Wac aw Komarnicki (1891í1954) í later 7rofessor of Stefan Catory 2niversity in Vilnius, a prominent scholar and political actiD vist with conservative views.