Vrchní velení ozbrojeným silám z hlediska ústavního práva – Dienstbier Jakub (2023)

The publication comprehensively analyzes the issue of supreme command over armed forces from a constitutional law perspective. ***** The state law section analyzes the object, subjects, content, and scope of supreme command as the exercise of the highest decision-making authority over the armed forces. Special attention is paid to the analysis of the nature of the armed forces as a specific organization and the constitutional-theoretical contexts of supreme command. In addition, it points out the influence of supreme command on the construction of presidential and semi-presidential regimes. ***** Another section is dedicated to a comparative analysis of the constitutional anchoring of supreme command in Germany, Austria, Poland, and Slovakia. It follows the historical constitutional regulation of supreme command in the Czech lands, with a special focus on the period of the First Republic. ***** The constitutional law section discusses the position of the President of the Republic as the supreme commander of the armed forces according to Article 63, paragraph 1, letter c) of the Constitution of the Czech Republic. The author criticizes the existing interpretation and presents his own view on the interpretation and understanding of the president's supreme command according to the constitutional order. It also discusses the issue of countersignature and the legal nature of the acts of the supreme commander, as well as the constitutional concept of armed forces.