Stan wyjątkowy w ujęciu monistycznym
The Monistic Approach to the State of Emergency

Three Theoretical Proposals and Their Practical Implementation in the 1997 Constitution of the Republic of Poland

Summary/Abstract: This article attempts to rethink the institution of the state of emergency from the monistic perspective, according to which this institution does not violate the foundations of a democratic state of law: as a legal instrument to combat the threat the state faces, using tools from the normative order established before the emergency situation occurred. The author analyses three possible variants of this perspective derived from Robert Nozick’s libertarianism, Nomi Claire Lazar’s institutionalism and Jeremy Waldron’s liberal realism. He applies them to the provisions of the 1997 Constitution of the Republic of Poland.

• Details
• Contents