Constitutional Competence of the Sejm in the Field of National Security Cover Image

Konstytucyjna właściwość Sejmu w zakresie bezpieczeństwa państwa
Constitutional Competence of the Sejm in the Field of National Security

Author(s): Mirosław Karpiuk
Subject(s): Law, Constitution, Jurisprudence, Government/Political systems, Security and defense, Peace and Conflict Studies
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: Sejm; national security; state of war; martial law; state of emergency; state of natural disaster;

Summary/Abstract: The sphere of national security is the area where various authorities operate. The widest range of competences is granted to the executive, but the legislator (and also the judiciary) is not deprived of influence within this field. The Sejm has special powers within the legislative power. As far as its constitutional competence referring to the national security is concerned, the Sejm essentially takes action not when dealing with the normal functioning of the state, but in the case of specified threats. Even ending a state of war is a consequence of prior specified threats. The constitutional competence of the Sejm in this field basically covers states of emergency and state of war, the latter not being included in this category by the legislator. The Sejm holds here legal tools that allow it to finally decide on the validity of these situations (except for the state of natural disaster, where the Sejm agrees on its extension).

  • Issue Year: 26/2017
  • Issue No: 4
  • Page Range: 9-24
  • Page Count: 16
  • Language: Polish