Beiträge zur Rechtsgeschichte Österreichs 2 / 2018, pp. 419-427, 2018/11/28
Normsetzung im Notstand
Außerordentliche Gesetzgebungsbefugnisse im 19. und 20. Jahrhundert
The following article presents laws and regulations concerning states of emergency, martial law and states of siege included in the Constitution as well as in other legal acts of the period of 1918–1939. The article also describes institutions and entities authorized to declare a state of emergency, and explains the historical and political contexts and their legal foundations. The author’s intention was to prove a continuity of law in independent Poland, derived from the constitutional systems of others states (France, Prussia, the Austro-Hungarian monarchy, Russia). Solutions in Polish law concerning states of exceptional threat to the state, both in the period of the provisional constitution and the subsequent years (1918–1939) did not refer directly to the classic formula rooted in French and German concepts of the state of siege. The regulations were a result of Polish legislative activity, but were similar to the legislation in the Austro-Hungarian constitutional monarchy.
Keywords: IInd Republic of Poland (1918–1939)–civil crisis–civil rights–constitutional history–constitutional law–martial law–modification of citizens’ freedoms–state of emergency–state of siege–wartime
