K otázce ústavní ochrany společnosti a státu de lege lata a de lege ferenda

The author analyses the principle institutes serving the protection of the state and of the society. On the basis of the theoretical analysis of the constitutional regulations he defines the normal state from the point of view of the constitution; the deviations are defined as the extraordinary, emergency to which the legal means have to be adopted to ensure the normal state. This is connected with the constitutional delimitations of the rules of behaviour in the situations in which these elementary conditions of the existence of the state, of its democratic and legal state system are in danger or when it already happened, and it is inevitable to form the legal conditions for the return of the system into its original desirable state. The author deals wíth the objective and subjective theory of the establishing of this state. On the grounds of historical comparative analysis he classifies the means of the protection of the state and of the society into the ordinary which are applicable at any time, the extraordinary (emergency) which can be applied only temporarily, and the right to resistance which, however, does not serve the state, but the citizens themselves. The author critically refers to the unsufficient constitutional regulations of these questions; consequently, the laws regulating these situations have not the sufficient constitutional basis or are inapplicable (the constitutional law concerning the the Council of the State Defence).