Dobre prawo jako element Strategii Bezpieczeństwa Narodowego

Abstract

The notion of good law appears frequently as the subject of legal dogmatic studies. The Constitutional Tribunal also makes frequent references to the notion, indicating what features should characterize good law. The analysis of the Constitutional Tribunal’s decisions reveals that the notion forms a model of controlling whether particular laws comply with the constitution. The canon of good law, according to L.L. Fuller, a distinguished legal philosopher, includes clarity and comprehensibility of a law, prohibition of retroaction of a law, or obligation to publish the laws. The laws which do not follow these points are considered incompatible with the Constitution of the Republic of Poland. A more detailed analysis has also revealed that realization of Fuller’s canon not only has a decisive effect on the appropriateness of the legislative process, but also forms the sense of security in the addressees of the legal norms. This aspect of good law is especially significant from the perspective of the National Security Strategy, adopted in 2007. It is a document which indicates the directions of state activities aimed at guaranteeing security in the Republic of Poland. It presents a novel approach to the notion of security, much broader than in the previous similar documents, which is visible in the point saying that “the superior goal of the actions of the republic of Poland as a democratic country is to provide all citizens with the sense of security and justice.” To achieve this strategic goal, as the present article show's, it is necessary to create good law.