The notion of states of emergency represents an inseparable part of constitutional law, a fact which is clearly to be seen especially in two basic constitutional consequences that emerge as a result of crisis: on one hand, there appears an extraordinary allocation of competences between various constitutional institutions (usually characterized by concentration of powers on the side of the executive and certain self-restraint by representative bodies and courts – special crisis definition of the principle of separation of powers); on the other hand, there appears a need for restriction of constitutionally guaranteed fundamental rights and freedoms.

At the same time, this reflects the basic importance of states of emergency in relation to the idea of constitutionalism: in its extreme, states of emergency are defined as the so-called “states of exception”, characterized by a specific suspension (partial or full) of a normal constitution. Reasons for this, criteria of constitutionally acceptable actions during crisis (as well as defining of a principal crisis actor and its relationship towards other subjects/institutions) and objectives aimed to be achieved through emergency actions (normative objective of preservation of an existing constitutional order and problem of a restoration of an ex-ante constitution) make essential elements of a special theory on the “state of exception”.

States of emergency certainly make part of a practice of modern constitutionalism (e.g. War on Terrorism; COVID-19 Pandemic). Such practice, and its reflecting doctrine, however, are not merely a phenomenon of modern age. In its rather articulated form, basis of these problems have already been, at the latest, defined in the Roman age (institution of a dictator), while their subsequent developments include various classical (French state of siege, Anglo-American martial law, crisis delegation of powers, special emergency legislation) and modern models (special constitutional and legislative measures).

The course offers an overview of all basic issues of classical and contemporary notions of states of emergency. On the level of a positive analysis, students acquire knowledge on the notion, constitutional position and consequences of various comparative institutes of states of emergency, (examples of modern democracies: United States of America, France, Federal Republic of Germany etc.). At the same time, within the positive analysis, students are introduced to modern case-law dealing with states of emergency, with special emphasis on differing interpretations of problems which case-law in that context offers. On the level of a theoretical analysis, students examine a gradual development of theories of states of emergency.