Europe’s first modern constitution adopted 230 years ago on May 3

Filled with the joy of spring, we celebrate a Polish holiday that dates back to the 18th century. It is the anniversary of the Constitution signed on May 3, 1791, also known as the Official Act or the May 3 Constitution.

It was the first modern act of its kind in Europe and the second in the world and was a truly important piece of legislation. Its adoption by the Grand Sejm (lower house of Poland) of the Polish-Lithuanian Commonwealth held in Warsaw was a historic development. The legacy of the Constitution, the concept of the political system it embodies and its free and democratic message all play an important role in the European heritage. Indeed, the 230th anniversary of the Constitution’s enactment should be an inspiring holiday for all of Europe today.

Great constitutional acts often result from political or cultural crises that require careful reflection on the light and dark aspects of previous events. However, instead of destroying everything based on imaginary ideas divorced from the facts of history, it takes great skill to reform wisely. A new order cannot be imposed arbitrarily on paper, but must be derived from authentic human experiences, desires and aspirations.

An example of a successful combination of visionary vision and realism is the world’s first constitution adopted in the United States as a response to the challenges of history. The framers of the May 3 Constitution of 1791 also grounded their plans for reform in a specific political and social context. The Act he drafted proved to be a panacea for the republic’s ills. Its aim was to strengthen the rights and liberties of citizens as well as the governance and stability of the state. It was designed to make the state strong enough to be independent and successfully resist the hostile activities of neighboring powers that sought to dominate the republic and eventually seize its land.

It was no coincidence that Catherine the Great’s Russia and Frederick II’s Prussia attempted to discredit the Poles in the eyes of the international community as incapable of self-determination and effective government. The Constitution of May 3 proved the contrary, showing…

Today’s anniversary is a good opportunity to reflect on the long and glorious political tradition of the Old Republic, a tradition of rule of law, democracy and parliamentarism that represents an important part of our identity. It is noteworthy that rich republican traditions inspired by the achievements of ancient Rome and Greece existed in Poland as early as the 14th century. Passed in 1430, the Polish privilege of neminem captivabimus (‘we will not arrest anyone without a judicial decision’) was preceded by the English habeas corpus act from 1679.

Nihil novi sine communi consensus (‘no new thing without common consent’) dates from 1505, prohibiting the king from passing any law not approved by Parliament. From 1573 kings were elected in free, universal suffrage by all members of the nobility, who constituted about 10 percent of the population. The Warsaw Confederation of 1573 is considered the epitome of religious tolerance to this day.

Finally, the establishment of the Polish-Lithuanian Commonwealth in 1569—a joint state of Poles and Lithuanians formed as a voluntary, equal union—was an unusual event in Europe at the time, leading to the formation of today’s European Union. It can be understood as the beginning.

Therefore, the Constitution of May 3, i.e. the transformation of the 18th century republic into a constitutional monarchy based on the separation of powers and guaranteeing legal protection to the citizens, was the logical continuation of our traditions. Significantly, these important and innovative constitutional reforms were the result of a political process rather than an armed revolution and bloody repression against entire social classes. The main theme of the constitution was the idea of ​​a community of citizens: long live the king, long live the Sejm, long live the nation, long live all the estates. This historical process is a source of great pride for us.

The enemies of freedom decided that the modern and liberal constitution of May 3 was a threat to their interests. Absolutist, imperial Russia, supported by Prussia, launched a war against the Constitution and tried its best to destroy its legacy. However, the work that the Constitution accomplished continued. Successive generations carried forward the memory of the fundamental reforms of the political system, this great elevation of thought and spirit aimed at the much-needed modernization based on noble and universal values. The legacy of the May 3 constitution is an integral part of the best European traditions. It is no accident that the Constitution of May 3 was described as ‘one of the first sources behind the concept of the European Union’ during the commemorations of the 50th anniversary of the Treaty of Rome.

I believe that even today we can all focus on the ideas that underpinned May’s constitution and its legacy, including when we consider the future model of European integration and possible amendments to the European Treaties. The following principle from the Constitution should be a constant source of inspiration: All power in civil society must derive from the will of the people. The democratic deficit and insufficiently recognized representation of citizens in the EU decision-making process are some of our most important common challenges –

Interestingly, the tension between democracy and the need for meritocracy can also be found in the provisions of May’s constitution. The document likewise sought to find ways to reconcile tradition with modernity as it combined Enlightenment ideas with Christian values ​​that were described as the basis of European unity. It must be emphasized that the Government Act of 1791 was based on the principles that we consider to be the foundation of European civilization: human dignity, liberty, equality and solidarity. They are an axiological beacon from which we must never lose sight.

That is why I want to share with you my pride and joy on the 230th anniversary of the May 3 Constitution. It is a day of great success for Poles, Lithuania and all the nations of Central and Eastern Europe that have contributed to the achievements of the former republic, but beyond that, it is also our common, European holiday. Let it be an inspiration for an even better and more integrated Europe. Let it be as the old song says in ‘(The Dawn of May) May Morning’.

This text was published simultaneously with the Polish monthly ‘Wzysztko ko Najsztistme’ in cooperation with the Polish Institute of National Remembrance and KGHM.