The draft of constitutional act amending the Constitutional Act no. 110/1998 Coll., on the Security of the Czech Republic and security in the hands of citizens
Abstract
On 3rd February 2017, the Ministry of the Interior of the Czech Republic submitted a draft of constitutional act amending the Constitutional Act no. 110/1998 Coll., on the Security of the Czech Republic. This amendment seeks to enshrine the right of citizens to use legally held firearms to ensure the security of the state and also make this right protected by the Czech constitution.
The article builds on the author's previous work comparing the relationship to the right to hold and carry a firearm within the framework of a European constitutional tradition and legal doctrine within the United States of America. The author describes the relation between proposed amendment and the constitutional arrangement and doctrine of ensuring the security of citizens by the state not only in the Czech Republic but also in the wider European context (especially in Poland, Estonia and Israel).
The author puts into the context the proposed amendment with the historical constitutional-political development in Czech Republic. The article also deals with all the main arguments of the authors of this amendment.
This includes also the relationship of the amendment to the revision of the Directive 91/477/EEC and the requirements for its proper implementation according to the EU's law.