The article discusses the essential mechanism of transferring fundamental constitutional values such as: guarding independence and inviolability of the territory, ensuring rights and freedoms, and security of citizens, protecting national heritage and the environment, to the universally binding legal system. Focusing on the art. 5 of the Polish Republic Constitution, which by listing these values, broadly defines the defence sphere, and assigns it a superior function. The author also analyzes the impact of the norm contained in this provision determining the political position, and empowerment of executive organs to perform their function. In addition, the article discusses the consequences of legal regimes formulating rules for public life participation.