
The purpose of the article is to identify causes of the observed persistence of weaknesses of the liberal constitutional order in Poland. After thirty years since the fall of communism, the institutional foundations of its political system have been showing growing dysfunctions such as low quality of the law; inefficient judiciary; clientelism in the sphere of public institutions; excessive state’s presence in the economy and mass media. As a result, successive governing coalitions have been “appropriating” the state increasingly dependent upon relations of patronage. Political parties have turned into associations of job seekers. Authors argue that the causes of it are rooted in the unique conditions that accompanied the Polish “pacted” transformation. These included: the existence of civil society on the scale not found in other Soviet bloc countries; uncertainty concerning reaction to the negotiated transition agreement on the part of Moscow, on the one hand, and society – on the other; conflicts within the post-Solidarity elites that took over the rule of the state 1989; and informal arrangements linking part of the former opposition with the postcommunist ‘reformers’. Thus, there emerged an institutional arrangement sanctioning state’s presence in areas that should be either private or have a high degree of autonomy. System of patronage together with proportional electoral system have assured perseverance of a state estranged from society.
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