A State of Emergency as a Protection of the Constitutional System of the State, the Security of Citizens and Public Order

Anna Golebiowska, Marcin Bartkowski
European Research Studies Journal, Volume XXVIΙ, Issue 4, 497-511, 2024
DOI: 10.35808/ersj/3530

Abstract:

Purpose: The purpose of this article is to present the institution of a state of emergency, which is a legal tool intended to be used in specific political and social conditions in order to solve specific state problems. Design/Methology/Approach: The main methodology is based on the analysis of scientific literature and on the synthetic description of key conclusions resulting from the review of literature describing various aspects of the analyzed issue concerning the state of emergency. Findings: The article diagnoses the basic features of the state of emergency and shows the methods of action of state bodies in the event of significant threats that require special action due to their specificity. The evaluation of threats and the development of methods and means for their prevention mean that the institution of the state of emergency should be constantly discussed in Polish constitutional law. Practical Implications: In order to further improve legal regulations, it is necessary to continue work on raising social awareness of the importance of the institution of the state of emergency as provided for in the Constitution of the Republic of Poland. Original/Value: For the purposes of this article, a multi-aspect synthetic and critical analysis of data available in the scientific literature was conducted. The proposed solutions are to contribute to raising awareness among administrative bodies to address the subject of the state of emergency, which is the state of emergency.


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