Constitutional Stability and Dynamics in the Czech Republic (original) (raw)
Related papers
Scrutiny of the Principle of Subsidiarity in the Parliament of the Czech Republic
SSRN Electronic Journal, 2014
This article discusses the stability and dynamics of the Czech constitution, especially the 'frame of government'. First, the circumstances of the adoption of the Czech Constitution from 1993 are described, as well as the initial problems with the implementation of bicameralism. Second, the rigidity of the constitution in formal and material sense is analysed. Here, the article demonstrates that the procedural rules for adopting constitutional acts (qualified majorities in both chambers of the Parliament) have to be considered in connection with the electoral and political system in the Czech Republic in order to get a good picture. By an overview of constitutional acts adopted since 1993, it is shown that the constitutional system has not been subject to major changes and remained rather stable. Two important exceptions, i.e. moments of constitutional development are discussed in detail: the cancellation of early election in the Chamber of Deputies by the annulment of a constitutional act by the Constitutional Court and the introduction of direct election of the President of the Republic and its impact. In both cases, the lack of governmental control over the dissolution of the Chamber of Deputies-arguably the weakest point of the constitutional system-amplified the political crises in the short-term, but did not prevent the return to regular functioning of the parliamentary system. The article, therefore, comes to the conclusion that the Czech constitution is rather stable and functional. The rules ensuring its rigidity have been successful and may serve as an inspiration from the comparative perspective.
The Parliament of the Czech Republic, 1993-2004
The Journal of Legislative Studies, 2007
The first decade of the Czech democratic Parliament has seen the development of a newly conceptualised, bicameral Parliament in a new State. We identify general tendencies toward stabilisation, similar to Western European parliamentary practices. Another trend is the gradual change from organising the Parliament according to the majority principle to that of consensus.
Constitutional History in the Czech Republic 2000–2015
Krakowskie Studia z Historii Państwa i Prawa
This paper focuses on the topic of research in constitutional history in the Czech Republic at the beginning of the 21 st century, specifi cally in the period 2000-2015. The paper charts Czech historians' interest in constitutional (legal) history in the region of the modern Czech Republic (including some overlaps concerning constitutional law in Central Europe) throughout the whole history of the Czech state. It is obvious that constitutional history (as well as other areas of historical research) of modern times, especially of the 19 th and 20 th centuries, has recently become a topic for greater discussion among scholars. However, the major editions are still more connected with older Czech history. The topic of legal history is studied at law faculties, at faculties of arts and philosophy, and at some institutes of The Czech Academy of Sciences (Institute of State and Law of the CAS, the Masaryk Institute, and the Archives of the CAS). The current paper will also treat with the professional publications (i.a. the magazine "Právněhistorické studie"), major studies, and important fi gures (i.a
The Czech Parliamentary Regime After 1989: Origins, Developments and Challenges
The article discusses the major trajectories of the developments of the Czech democratic polity after 1989. It also discusses institutional traditions of the Czech parliamentary regimes dating back to the period of the First Czechoslovak Republic in the inter-war period. The article also analyses the major problems which the Czech parliamentary regime now faces. It is argued that the direct election of the president introduced in 2012–2013 was a serious blunder made by Czech political elites. Instead, the authors of the article argue, the desirable reform efforts should focus on rationalizing the regime in terms of strengthening of the prime ministers within the cabinet and the cabinet itself within the parliamentary system. The reform of the Czech democratic polity should also include putting in pace an electoral system that would facilitate making stable and ideologically coherent government majorities.
Czech Constitutional Democracy: Focus on the Czech Dual Executive Power and the Future Senate
Fordham International Law Journal, 1996
The main focus of this Essay is the potential dynamic tension in the Czech dual executive power. The Czech presidency, presently occupied by the former dissident Vaclav Havel, is commonly perceived in the Czech Republic as a weak presidency. If it is true that President Havel's office can justifiably be described as weak, is this due to Constitutional restraints on the presidency, or is it a function of the personality of the current occupant of the presidency? This Essay also discusses the implications of the November 15-16, 1996 Senate elections on the Czech democracy.
Formal and Informal Constitutional Amendment in the Czech Republic
The Lawyer Quarterly, 2018
The paper, a substantially shortened version of the national report prepared for the congress of the International Academy of Comparative Law in 2018, analyses processes of formal and informal constitutional amendment in the Czech Republic. After outlining the basic relevant characteristics of the Czech constitution (poly-legality, rigidity, etc.), the paper examines procedural issues of formal constitutional amendment and studies further requirements regarding such constitutional changes, esp. the role of Art. 9 of the Constitution. Several varieties of informal constitutional changes are then briefly presented. The paper assesses the current situation regarding processes of both formal and informal constitutional changes, finding the formal requirements prescribed for a constitutional amendment as sufficient for the relative stability of the constitutional system, being neither extremely strict nor benevolent. The paper also points out several open questions regarding the practical application of the unamendability provision of Art. 9(2) of the Constitution in relation to potential constitutional amendments adopted through a constitutional referendum. Finally, the paper deals with the issue of how formal constitutional amendments can impact upon informal constitutional changes, using the example of the introduction of the direct election of the President of the Republic in 2012.
Unlike many of its Eastern European neighbors, the Czech Republic originates from a healthy constitutional tradition. Upon the creation of Czechoslovakia and through the modern day, the Czech Republic has had four constitutions, with major amendments to the documents of the Communist era. Three constitutions, from 1920, 1948, and 1960, served as guidelines for the creation of the 1992 constitution. Because the Czech Republic had not foreseen the Velvet Divorce from Slovakia, government officials found themselves in a rush to create a constitution for the new Czech state. The new document responded to the many injustices of the Communist era and adopted most of the precedents set in the 1920 constitution. The Czech Republic’s democratic and constitutional past sets it apart from other Eastern European countries, especially in terms of contemporary political and economic liberty.
A Democratic State Governed by the Rule of Law – the Constitutional Identity of the Czech Republic
Journal of International Legal Communication, 2021
This article aspires to shed more light on the understanding of the notions of the constitutional identity, the material core of a constitution and unamendable elements of a constitution (eternity clauses) and on the concept of essential elements of a democratic state governed by the rule of law as reflected in the practice of the Czech Constitutional Court. The Czech debate is not centred on the use of constitutional identity as a shield protecting local specifics. Quite the opposite. With a certain degree of generalization, we can conclude that the Czech notion of constitutional identity is, at least in the view of the Czech Constitutional Court, deeply grounded in such general concepts as democracy and the rule of law and connected with the material core of a constitution and unamendable elements of a constitution. However, this „legal“ concept of constitutional identity may easily conflict with a „popular“ constitutional identity based primarily on traditional narratives about t...