History /
What do Poles owe to Germans? [451]
It has everything to do with it because it was the Soviets who installed the Polish Communist Govt which is one of the key reasons behind why the Polish Communist Govt is illegitimate and unlawful.
Except it wasn't unlawful. The Polish state had more or less ceased to exist, and certainly the Colonel's government in London was not legitimate or lawful by any stretch of the imagination. The Lublin government met all the requirements for sovereignty, and was recognised as such internationally. And as I keep saying, their actions were in accordance with the legally implemented 1921 Constitution. Of course, it was amended to suit them, but it was all done legally in terms of constitutional theory.
I've already explained to you how Polish constitutional theory works. The Lublin government derived its authority from the 1921 Constitution and the country functioned according to that document from 1944 to 1952. Every act on paper during that time conformed to the Constitution, and the laws passed were in accordance with it. It was an old Communist trick of gaining legitimacy on paper.
As for laws, let's go back and look at the recognised Polish Government. We had the establishment of the
Tymczasowy Rząd Jedności Narodowej , which had the most legitimate claim to being the lawful Polish government at the time. It fulfilled the internationally accepted principles of sovereignty, it was agreed to by both the Lublin Governments and the Government-in-Exile, and it was considered internationally to be the reconstituted Poland. This body organised the 1947 election, and thus gave legitimacy to the Communist government. In terms of pure law and theory, this process was legal. Morally, no, but we're not discussing morals.
is not enough. It will be asked, as I have done, 'which law'? You seem to be saying 'the Constitution', but which Article of the Constitution?
And can you provide any proof that the process wasn't in accordance with the 1921 Constitution? I've read the document more times than I care to count, and I can't find anything that suggests that what the Communists did (create a national unity government in times of crisis, hold an election as soon as was possible) was unconstitutional.
The 1947 election law was entirely in line with the Constitution. The 3xTAK referendum amended the Constitution (again, in line with the requirements set out in the Constitution) - ultimately, the process was legitimate in terms of law. If it wasn't legitimate, how could they try people today in court under the laws passed from 1945-1989? Every single act since 1989 has confirmed that the PRL was the legitimate authority in those times. If you're aware of the Polish legal system recognising the Government-in-Exile's decrees instead, I'd love to know more.
If you don't even know the principles of sovereignty, how can you talk about the subject? You should start with Westphalia, as certainly the Polish State in 1945 conformed to this.
but what historical common path of mutual harmony did Poles and Germans as nations walk together?
Europe, 1989-present.