Czas wojny vs stan wojenny oraz stan wojny z perspektywy przesłanek zastosowania

Wartime vs. Martial Law and State of War. The Premises of Application Perspective The subject of the article is the basic legal framework defining the functioning of the state under threat and during war. The article examines the relationship between wartime and the constitutional institutions of martial law and the state of war. The issue is analysed in terms of the premises of application, i.e. the circumstances indicating the threats that condition and justify the decision on wartime, martial law and the state of war. The article answers three questions: 1. what is meant by the premise of wartime, 2. how do the premises of martial law and the state of war relate to this premise, 3. how does the legal definition of the wartime premise situate this notion in the context of the Constitution and the Constitutional Court’s position on threats and the functioning of the state?