Constitutionality of the governmental Bill on the Defence of the Homeland Cover Image

Zgodność z Konstytucją rządowego projektu ustawy o obronie Ojczyzny
Constitutionality of the governmental Bill on the Defence of the Homeland

Author(s): Rafał Dubowski
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Constitution;defence;bill;war

Summary/Abstract: The author refers to the doubts raised during the first sitting of the special subcommittee considering the bill. In particular, he emphasises that the constitutional concepts of “state of war” and “time of war” are not the same, and thus Article 2 point 2 of the bill, which defines the concept of “time of war”, cannot be in conflict with Article 116 of the Constitution, which refers to a “state of war”. As a result, he concludes that the proposed provision is not inconsistent with a provision of the Constitution.

  • Issue Year: 74/2022
  • Issue No: 2
  • Page Range: 91-98
  • Page Count: 8
  • Language: Polish
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