Limitacja konstytucyjnych praw człowieka podczas stanu wyjątkowego
Limitation of constitutional human rights during a state of emergency
Author(s): Marcin KazimierczukSubject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: state of emergency; state; freedoms and human rights; restrictions
Summary/Abstract: From a legal point of view, the essence of any extraordinary emergency, including a state of emergency, depends on the fact that it is introduced in a situation of an exceptional emergency when normal, ordinary legal means and institutions of the system prove to be insufficient and civil liberties and rights must be suspended or restricted for a specific period of time, and the competences of the constitutional authorities must be altered by a substantial and extraordinary increase in the powers of the executive. As it can be seen from the analysis of limitations of individual freedoms and rights presented in the article, the legislator provides for an extremely restrictive model of a regime of state of emergency in the exercising of constitutionally guaranteed freedoms and human and civil rights.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2019
- Issue No: 4
- Page Range: 125-146
- Page Count: 22
- Language: Polish