Treść, charakter prawny oraz kontrola legalności rozporządzeń dotyczących stanów nadzwyczajnych w świetle Konstytucji RP
The regulations on extraordinary measures in the Constitution of the Republic of Poland: Their content, legal nature and the supervision of their lawfulness

Summary/Abstract: The objective of the article is to: identify all kinds of regulations related to extraordinary measures (that is legal acts that affect the validity and content of particular extraordinary measures); to reconstruct the elements of their content and define their legal nature, along with the means of supervising their lawfulness. In the article four types of such regulations will be distinguished: regulations introducing extraordinary measures, regulations which extend and terminate them, as well as regulations that amend the regulation introducing extraordinary measures. Their content and legal character are varied. The most complex is the regulation introducing extraordinary measures, since it is both an individual and normative act. The author concludes that the analysed regulations are subject to the review of the Constitutional Tribunal. In the remaining scope, the possibility of their supervision by the judiciary is limited; however, it is possible to question them incidentally before the courts and the State Tribunal. The reflections lead to the formulation of a positive assessment of the constitutional provisions related to the issue under analysis.

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