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1 2008

1 Wojciszko M.

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Problematyka obronności w projektach Konstytucji III RP

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Wojciszko M.

tom nr 2(71)

59-71

The aim of this article is to analyse security and defence of the state provisions proposed in particular drafts of the constitution. The article deals mainly with those provisions that regulate competences and tasks of the highest bodies of the state in the area of defence. The process, started in the last decade of the 20th century aiming at elaborating and then passing a new constitution, has also become an opportunity for various political parties and social groups to devise their own concepts of the political system of the state, including constitutional provisions concerning security and defence of the state. The provisions regulating the area of security and defence of the state presented to the National Assembly in 1993 - 1997, apart from binding earlier constitutional regulations mainly from the period of the Second Polish Republic, feature a valuable experience of the Polish constitutionalism development and interesting cognitive and legal material. According to the author, this material is so interesting and rich as far as suggestions to regulate the defence of the state are concerned that it should be discussed and analysed by all those who are interested in the subject matter. Bearing this in mind, the author decided to present an initial analysis of selected provisions concerning security and defence of the state that were included in drafts of the Third Polish Republic Constitution. This analysis makes also a proper context to analyse binding constitutional regulations included in the 1997 Constitution.