THE INSTITUTIONS OF EXTRAORDINARY STATES AS A GUARANTEE OF STATE SECURITY IN THE SITUATION OF A SERIOUS RISK – CONSTITUTIONAL ASPECT

Each reliable country should possess in its national legislation the institutions which will guarantee state security in a situation of a serious threat. The Polish constitutional legislator in the Constitution of the Republic of Poland of 1997 (Chapter XI) constituted extraordinary states: martial law, state of emergency and state of natural disaster. Each of them is characterized by different premises, duration, special functioning of the most important state organs or the possibility of introducing certain restrictions in the scope of individual rights and freedoms. The legislator also provided for the rules for the introduction of each extraordinary state i.e. the principle of uniqueness, legality, proportionality,
purposefulness, protection of the foundations of the legal system and protection of representative bodies. The purpose of the article is to characterize the rules and extraordinary states from the point of view of the provisions of the Constitution. The above will allow to show the importance of the subject of state security in a situation of a serious threat.