Stany nadzwyczajne w amerykańskiej i polskiej konstytucji
Extraordinary circumstances in the Polish and American constitutions

Summary/Abstract: Bearing Arms), Quartering of Troops, Grand Jury Exception, Disqualification for Rebellion, and the Debts Incurred During the Rebellion. While studying the Polish Constitution of 1997, the Author focuses on its chapter LX, in which the Constitution distinguishes three extreme measures: the state of martial law, the state of emergency and the state of natural disaster. In addition, he touches upon two other related institutions, like the state of war (art. 116), and the crisis situation provided for in the ordinary legislation. The most important conclusion of the article is that the Polish constitution, contrary to the American document, gives to the detained persons (internees) — during the war or emergency period - the unlimited right of defense before courts of justice. The suspension of the Great Writ when a rebellion or an invasion are going on is the essence of the American version of extraordinary circumstances. Otherwise, it would be more difficult to overcome these dangerous situations. The substantial defect of our constitutional arrangements concerning this core issue of public safety should be rectified as soon as possible, if any.

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