Reconsidering Constitutional Formation – The Polish May Constitution 1791 as a masterpiece of constitutional communication

Abstrakt

The Polish May Constitution, formally recognized as the fi rst constitution in Europe, differed from the American Federal Constitution of 1787 and the French Constitution of 1791 in that that it had failed to create any legitimized foundations for a pro-revolutionary or modern state. Even worse, the Polish Constitution of 1791 did not provide for Polish citizenship, nor did it directly articulate the principle of the equality of citizens or for political equality, or proclaimed the fundamental rights