K otázce ústavní ochrany společnosti a státu de lege lata a de lege ferenda
On the issue of constitutional protection of society and the state de lege lata and de lege ferenda

Summary/Abstract: The article discusses the constitutional protection of society and the state in the Czech Republic, emphasizing the importance of the state's existence and functioning for individuals and society. It outlines the normative projection of the Czech Republic as a free, sovereign, and democratic state, based on respect for human rights and principles of civil society. The article examines the legal framework for protecting this normative state, including responses to deviations from the norm such as states of emergency, war, and other extraordinary situations. It highlights the absence of explicit provisions for extraordinary states in the current constitutional order and the need for legal instruments to ensure the state's normal functioning. Historical events like the disintegration of the Habsburg monarchy, the destruction of the state in 1938-1939, and changes in the political system in 1948 and 1989 are referenced. The article also discusses the role of constitutional law in defining rules of conduct during threats to the state's existence and democratic system. It calls for a systematic legal framework to address extraordinary situations and protect the state's fundamental conditions.

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