On the Execution of State Powers in Extraordinary Situations - Failings of the Current Czech Republic's Legal Regulation and Possible Solutions
Abstract
The constitutional system of the Czech Republic is based on the premise that even during a state of emergency all the constitutional bodies will be fully functional and effective. A huge number of the key decisions, which are required for making other decisions or applying special measures, are bound exclusively on the decision of the parliament.
The parliament is irreplaceable in this position in the Czech Republic. Nonetheless, even in the areas where decisions are made by the government, situations may occur when the government will not be able to react effectively, flexibly, and quickly enough.
These risks have been known in the Czech Republic for more than 20 years. Thus, they are not new as a problem.
The current situation leads to the discussions on how to solve this structural problem of Czech constitutionalism. As it is described in the article, an inspiration can be found in the Czechoslovak constitutional history.