Special state in substantive administrative law (concept outline)
DOI:
https://doi.org/10.15584/znurprawo.2020.30.7Keywords:
public safety, institution of substantive administrative law (substantive administrative law institution), public order, substantive administrative law, state of emergency, special state, constitutional measures, threat, public healthAbstract
In the article entitled “Special state in substantive administrative law (concept outline)” the authors undertake considerations aimed at preliminary and general outlining of the concept of the special state as a (new) institution of substantive administrative law and its relation to constitutional states of emergency. The conducted analysis, taking into account examples of specific statutory solutions, made it possible to define the special state as an institution regulated in terms of content and form in the generally applicable substantive administrative law, which, as part of ordinary constitutional legal and administrative measures, initiated collectively through the legal form of administrative actions, restricts the freedoms and rights or creates obligations of a generally specified group of entities – distinguished due to the objective criterion relating to a specific situation – in order to counteract the related to this situation, expected or existing threat to safety, order or public health.
