Prawo bezpieczeństwa narodowego w systematyce prawa

Abstract

All legal systems deal with the same basic issues, but jurisdictions categorise and identify its legal subjects in different ways. In this paper the author tries to analyze the legal position ofthe national security law in the legal systems. Most common distinction oflegal subjects is that between “public law”, and “private law”. The paper analyzes basic theories of distinction legal systems, such as interest theory, subjection theory, subject theory and an combination ofthe subjection theory and the subject theory in the context of assigning of National Security Law to public or to private law. In all legal systems we can also find detailed distinction of legal subjects - differentiation of branches of law. The paper also analyzes possibility of extraction an new branch oflaw- national security law on the basis of essential criteria concerning those detailed distinction.