Nad jedním z "bezpečnostních aspektů" ústavního pořádku ČR: k výkladu a aplikaci čl. 43 Ústavy
On one of the "safety aspects" of the constitutional order of the Czech Republic: the interpretation and application of Article 43 of the Constitution

Summary/Abstract: Art. 43 The Constitution is too often the subject of attention of the professional public, much less of the lay public. At the same time, it is one of the very often applied provisions of the Constitution, moreover an interesting provision of quite creative interpretation by parliamentary chambers and the government, as well as the fact that it is the object of concentrated amendment attacks, reflected in its increasingly case study character. Art. 43 is at the same time a partial section of the topic of extraordinary relations; more precisely, well, it is the basis of their original constitutional arrangement. It is also worth noting its connection with the procedural provision of Article 39 para. 3. In essence, Article 43 can be used to illustrate both the diligence of the Constitution and the methodology of constitutional changes, the completion of the Constitution or the establishment of Parliament outside the field of legislation. However, we will deal primarily with its competence and procedural aspects. I have reserved only a very limited space for Constitutional Act No. 110/1998 Coll., On the Security of the Czech Republic, which was conceived as a continuation of the incomplete Article 43 of the Constitution and thus forms one logical whole with it.

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