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The article aims to present Herman Lieberman’s parliamentary activity in the years 1922–1926, concerning the enactment and amendment of the act on the Supreme Administrative Tribunal of 3 August 1922. The main reason for exploring this problem is the fact that his parliamentary activity, focusing on the first Polish administrative court, was omitted from his memoires and his official biography, written by Artur Leinwald. Apart from that, the topic of this article coincides with the centenary of the Supreme Administrative Tribunal. Furthermore, this publication shows how the Sejm and the Supreme Administrative Tribunal operated before the may coup of 1926, because afterwards the new executive was progressively forcing the Supreme Administrative Tribunal to cooperate with government and to support state policy. The greatest number of sources concerning Lieberman’s parliamentary activity in the interwar period can be found at the Sejm Library’s website. Therefore, the methodology for writing this article consisted in the analysis of the bills and protocols of the Sejm, the Constitutional Committee, and the Legal Committee. These sources show that Herman Lieberman was very involved in the legislative work concerning the Supreme Administrative Tribunal. Analysis of these documents makes it possible to conclude that the parliamentarian was a great supporter of setting up this court in Poland. Herman Lieberman was sure that the Supreme Administrative Tribunal would be the guarantor of the protection of individual rights and freedoms.
The article aims to present Herman Lieberman’s parliamentary activity in the years 1922–1926, concerning the enactment and amendment of the act on the Supreme Administrative Tribunal of 3 August 1922. The main reason for exploring this problem is the fact that his parliamentary activity, focusing on the first Polish administrative court, was omitted from his memoires and his official biography, written by Artur Leinwald. Apart from that, the topic of this article coincides with the centenary of the Supreme Administrative Tribunal. Furthermore, this publication shows how the Sejm and the Supreme Administrative Tribunal operated before the may coup of 1926, because afterwards the new executive was progressively forcing the Supreme Administrative Tribunal to cooperate with government and to support state policy. The greatest number of sources concerning Lieberman’s parliamentary activity in the interwar period can be found at the Sejm Library’s website. Therefore, the methodology for writing this article consisted in the analysis of the bills and protocols of the Sejm, the Constitutional Committee, and the Legal Committee. These sources show that Herman Lieberman was very involved in the legislative work concerning the Supreme Administrative Tribunal. Analysis of these documents makes it possible to conclude that the parliamentarian was a great supporter of setting up this court in Poland. Herman Lieberman was sure that the Supreme Administrative Tribunal would be the guarantor of the protection of individual rights and freedoms.
The article discusses the work on subsequent draft normative acts aimed at restoring the administrative judiciary in Poland in the first years after the end of World War II. These documents are in the Archives of New Records in Warsaw today. Considerations regarding specific projects were preceded by a description of the legal status and concepts of administrative judiciary considered in Poland in the interwar period. The solutions of that time and the experiences related to their application constituted an important point of reference for both project promoters and opinion makers. The study also addresses the course of the discussion on the issue of the administrative judiciary in Poland shortly after the end of World War II. In its course, in the pages of professional literature, representatives of the doctrine and practice presented various positions regarding the legitimacy of restoring the administrative judiciary, its formula and structure, the participation of the social factor, and the number of instances. Subsequently, draft normative acts from the years 1945–1948 were presented. They include both short projects, consisting of only two articles, as well as extensive projects concerning the location of the administrative judiciary in the Supreme Court. Attention was paid to the course of design works, legal opinions collected in their course, and the shape of the proposed restitution of administrative judiciary. Apart from an analysis of the projects, the authors tried to answer the question why none of the projects, despite the declared support and successive progress in works, entered into force. Analysis of the preserved documents made it possible to create specific and plausible hypotheses about the participant in the design work who sabotaged them. The study uses historical and formal-dogmatic methods.
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