The Role of National Legal Traditions and Heritage in Regulating of Relations Between Citizen and State Under the Polish-lithuanian Constitution of 1791

Abstract

In this article the author analyzes the influence of the constitutional traditions on the Polish-Lithuanian Constitution of 1791 and discusses the role of national constitutional heritage in regulating of relations between citizen and State. The author concludes that the modern constitutionalism arose from the medieval constitutionalism and the ancient constitutionalism. The development of constitutionalism before the end of the eighteenth century should be interpreted as a “history”, not “prehistory” of the constitutionalism. The first written constitutions – the so-called constitutions of the first phase of constitutional development – adopted at the end of the eighteenth century mark the next stage of constitutional development, not the beginning of the era of constitutionalism. The first Lithuanian constitutional acts were adopted at the end of the fourteenth century – the beginning of the fifteenth century. For four hundred years in the Grand Duchy of Lithuania and the Polish-Lithuanian State (the Republic of Both Nations) was accumulated great constitutional heritage and experience in formulation and systematization of the constitutional provisions, was formed the constitutional tradition. The Polish-Lithuanian Constitution of 1791 took into account international experience in regulation of Government but to regulate the relations between the citizen and the State was used the national tradition, which was contrary to the world experience.