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Throwing away the constitution in Poland? [626]
At what point is a prior constitution still valid when it lacks popular support?
Entirely incorrect. It has only happened once, and that was during an effective period of dictatorship in 1935. The 1791 Constitution was legal. More to the point - just because something happened in the past doesn't mean that it should happen again.
Under the pre-war Polish constitution, as far as I know, Lech Wałęsa is still the president (unless he transferred the powers given to him to someone else.)
You're clearly not very well educated on Polish affairs, because President Wałęsa has a terrible relationship with Jarosław Kaczyński to put it mildly. There is absolutely no way that he would transfer any "power" to Duda, nor does he have any power to give. In Polish constitutional theory, Wałęsa derived legitimacy from the 1989 amendments, not the 1935 Constitution. He may have received the symbolic symbols from the last President-in-Exile, but in Polish law, this act had no legal basis - it was merely an act to show the people that the PRL was well and truly dead.
The latest constitution makes clear that ultimate sovereignty rests in the Polish nation as expressed in its elected representatives, and it embraces the doctrine of balance of powers.
You haven't got a clue. The Constitution makes it clear that the final decisions regarding constitutional issues reside with the Constitutional Tribunal, which is appointed by the Sejm on behalf of the people. Don't try and cherry pick - the articles are there in black and white, and anyone arguing otherwise clearly has an agenda. It is unprecedented for anyone to argue with the decisions of the Constitutional Tribunal, and even Lech Kaczyński was open about the need to respect the Tribunal even if you didn't agree with it.
Duda executed what is known as "pocket veto" by refusing to give his consent to the undemocratic lame duck appointments, which were considered partially improper by the TK.
Duda did not execute such a thing, because the concept doesn't exist in Polish law. Stop applying American concepts to Polish law - we have a completely different legal system to your American system. Duda has now been ordered twice to receive the oaths by the legally appointed judges - and he has only partially fulfilled the order. Therefore, he is breaking the Constitution. Remember, in Poland, the President (and in fact, everyone) is obliged to follow the rulings of the Constitutional Tribunal - which is why PiS are hell bent on trying to destroy the institution because it stands between them and absolute power.