Abstract
In April 1998, the Constitutional Order of the Czech Republic was supplemented by the Constitutional Act No. 110/1998 Coll., on the Security of the Czech Republic, which in certain circumstances may be de facto superior to the Constitution and the Charter, both as a "lex specialis" and as a "lex posterior". It provides for a state of emergency, a state of national emergency and a state of war to deal with non-standard situations.
Article 5(1) provides illustrative reasons for which a state of emergency may be declared. However, according to the dictates of the Constitutional Security Act, the Government is to define, at the same time as declaring a state of emergency, which rights provided for in a special law are restricted and to what extent, in accordance with the Charter of Fundamental Rights and Freedoms, and which obligations are imposed and to what extent.