Application of the March Constitution in Twenty-First Century
The March Constitution of 1921, although it ceased to be in force several decades ago, is still applied in the jurisprudence of courts and the Constitutional Tribunal. It is not only used for historical interpretation but is also applied in cases where - in accordance with the principle of non-retroaction of the Constitution of 1997 and the tempus regit actum principle - there is a need to resolve a constitutional problem whose genesis dates back to the interwar period or the period of the People's Republic of Poland (1944-1952) when certain provisions of the March Constitution were in force. The article presents the types of cases adjudicated in the twenty-first century in which the courts and the Constitutional Tribunal referred to the March Constitution.
