Basic doctrinal approaches to understanding the function of the “custodian” of the constitution of the President of the Republic of Poland

Abstract

The article outlines the main doctrinal approaches to understanding the role of the President of the Republic of Poland in protecting the Constitution of the Polish state. It is stated that despite the fact that the protection of the Constitution is legally recognized as one of the key functions of the President of the Republic of Poland as the head of state, the Polish constitutional doctrine lacks a clear vision of the actual filling of this function with relevant powers. It is emphasized that this situation is due to the type of republican form of government in Poland and the specifics of the Polish model of the separation of powers. 
 It is proved that the interpretation of the Constitution, which is contained in the official acts issued by the President, has priority over the interpretation of other state bodies regarding the powers exercised by these bodies, as well as when there are contradictory or even conflicts between the President and another central constitutional body of the state situations
 It was concluded that the function of the “custodian” of the Constitution results in the “presumption of rightness” of the President of the Republic of Poland in front of other authorities. It is noted that only a final decision by the Constitutional Tribunal on the competence dispute can cancel the interpretation of the President, refuting his interpretation of the relevant provisions of the Constitution, which is based on the specific preferences of the interpretation of the President as the “guardian of the Constitution”.
 It is emphasized that the supervision of the President of the Republic of Poland over the observance of the Constitution obviously also means a special concern for the observance of the Constitution by the President himself as an integral institutional component of the system of state authorities.
 It is summarized that the specification and addition of the principle of legalism expressed in Art. 7 of the Constitution of the Republic of Poland, set out in Part 3 of Art. 126, it is no coincidence that it is contained in the same article as the provisions of parts 1 and 2, defining the main functions (tasks) of the President. Therefore, the President of the Republic of Poland, as the “custodian” of the Constitution, can perform these and other functions provided for by law, and not only on the basis of the powers defined in specific provisions of the Constitution and laws, but also on the basis of authorizing norms systematically constructed on the basis of constitutional or legislative provisions