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Alternative title:

Extraordinary measures (martial law, state of emergency, state of natural disaster)

Subject and Keywords:

extraordinary measures   martial law   state of emergency   state of natural disaster

Abstract:

The Constitution regulates the organisation and functioning of the most important organs of the state, the rules governing the relations between the state and citizens, as well as basic rights, freedoms and duties of citizens. The Constitution allows for restriction of these laws only by legislation, and only when it is necessary in a democratic state for its security or for the protection of public order, environmental protection, health and public morality, for the rights and freedoms of others. It is unacceptable to violate the essence of freedoms and rights. The restrictions are subject to police laws’ regulations. When the police measures are insufficient, applicable are legislations on extraordinary measures: martial law, state of emergency, state of natural disaster. The Constitution defines the following rules for the implementation of these states: uniqueness, legality, proportionality, purpose, protection of the legal system basics, protection of the representative bodies. They are the directives of interpretation of other regulations of the discussed Chapter of the Constitution and the regulations of statutes on emergency situations. A kind of competition for legislation on states of emergency may be provisions of the Act on Crisis Management.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Kocowski, Tadeusz (1951- ). Red.   Błażewski, Maciej. Red.   Raduła, Michał. Red.

Date issued:

2016

Date copyrighted:

2016

Resource Type:

text

Identifier:

ISSN 0137-1134   ISSN 0239-6661

DOI:

10.19195/0137-1134.106.4

Source:

PAd P 101660 II

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3738. Przegląd Prawa i Administracji 2016, 106, s. 19-27

Is version of:

Czasopisma Naukowe w Sieci

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

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