The article deals with a doctrinal analysis of the hitherto somewhat neglected institution of the state of war in Czech constitutional law. It gradually analyses the legal characteristics of the state of war, the conditions for its declaration, the procedural procedure for its declaration and termination, including the question of authorized petitioners, and its normative and institutional consequences. In this respect, the article refutes the understanding of the state of war as a declaratory act and a declaration of war under public international law. It confirms its character as a constitutional state of emergency. At the same time, it examines the possibility of its declaration beyond the grounds set out in Article 43(1) of the Czech Con stitution. It establishes the range of eligible claimants and the power to end it. Finally, the author concludes that, in addition to the possibility of extending electoral terms and the expedited legislative procedure, its primary purpose is to enable emergency rule through statutes, to attach legal consequences automatically to its proclamation, and to send an official signal to the state apparatus about the extraordinary nature of the security threat to the Republic.
Keywords: state of war, war, armed conflict, constitution, states of emergency, emergency governance, emergency government
The research paper was supported by Charles University Research Centre program No. UNCE24/SSH/039.