The Separation of Powers in Poland

It is generally accepted that the foundation of a political system in a democratic state is the separation of powers theory developed by Montesquieu.

During the Enlightenment in the 18th century, one of the most frequently discussed social ideas was the concept of freedom. Its importance is reflected in the fact that both the French Declaration of the Rights of Man and the American Declaration of Independence recognized freedom as one of the fundamental human rights. Its definition, scope, interpretation, and protection were the subject of numerous debates among scholars and philosophers of the time.

Charles Louis de Montesquieu, commonly known simply as Montesquieu, addressed the concept of freedom in his 1748 work The Spirit of the Laws. This outstanding thinker and philosopher examined the role of freedom in society and considered which legal structures could guarantee its protection for citizens.

In defending the idea of liberty, Montesquieu proposed dividing state authority into three branches: the legislative, the executive, and the judicial.

Montesquieu’s principle of the separation of powers had a profound influence on the later development of political systems. Subsequent reforms and political changes, both in newly established states and in those already existing, referred to his concept to varying degrees. Therefore, it can confidently be said that Montesquieu laid the foundations for the modern division of power within the state.

And how does the Polish semi-democracy function?

Certainly, the current Polish political system has little in common with Montesquieu’s theory and his model of separation of powers.

Although Poland formally maintains a division of authority within the state, it differs significantly from the classical Montesquieu framework.

In my view, today this division looks quite different: bureaucracy, lobbying, and the media.

Would anyone be surprised by this provocative claim?

The problem is that this theory is not far from the truth.

It would be interesting to hear the answers of random people asked on the street in Poland the following question:

“Do you agree that the Polish separation of powers consists of bureaucracy, lobbying, and the media?”

I would wager that, unfortunately, the majority of respondents would answer yes.