History /
What do Poles owe to Germans? [396]
I'm confused now - first you say that the Communists were more legitimate than the Govt-in-exile by virtue of your opinion on the way in which they supposedly espoused the 1921 Constitution, now you're saying it's irrelevant?
What the Soviets did is irrelevant to the discussion, as we're merely talking about the legitimacy of the Communist government in legal theory.
whilst presumably caretaker of Poland pending the resolution of said Constitutional crisis.
You're mixing up constitutional theory and practice. We all know that the Communist government wasn't morally legitimate (then again, neither was the Government-in-Exile), but in terms of strict legality, yes, it was. The Lublin Government was the only one that could present a claim in 1945 based on the universally understood principles of sovereignty, which is why it was recognised by the West.
Yes, they used the 1921 Constitution and amended (and then replaced it) with something that suited them, but it was all done in accordance with the law. Remember, the Communists were very big on appearing to be legitimate - hence the 3XTak referenda and so on. There's a reason why the key players have all been tried under the Communist-era Constitution - in Polish legal theory, they are using the law at the time against them rather than following the completely immoral West German approach which has been prosecuting people for crimes that didn't exist in East Germany.
Remember as well, the 1935 Constitution was written to more or less ensure that Poland remained a military dictatorship.