Constitution of the Czech Republic
Encyclopedia
The current Constitution of the Czech Republic was adopted on December 16, 1992. It replaced the constitution of Czechoslovakia
(1960 Constitution of Czechoslovakia
), which split into the Slovak Republic and the Czech Republic
by act of parliament on January 1, 1993, through the so-called Velvet Divorce.
The document is organized into eight chapters. Each, save the last, is concerned with a distinct aspect of government. The final chapter deals with a number of "interim" topics, which were largely resolved by 31 December 1993, and currently have little bearing upon the governance of the Republic.
, the constitution has been amended five times.
an "integral component of the constitutional system"; establishes the republic as a democratic, law-abiding state, deriving its sovereignty from the people; says that "majority decisions shall respect protection of minorities"; and enjoins the Republic "to a prudent utilization of natural resources and to protection of natural wealth". In this early part of the document, the constitution also allows for its amendment by a Constitutional Act
, but forbids amending the constitution in any way that will compromise the Republic's standing as a "democratic, law-abiding state". Chapter One gives an outline of the Republic's duties towards international law, saying (in part) that conflicts between domestic laws and international laws binding upon the Republic must be resolved in favor of international agreements. The opening chapter concludes by defining the capital, national symbols, territory and rules of citizenship for the Republic (Articles 1–14).
, consisting of two chambers, the Chamber of Deputies
and the Senate
(Articles 15–53).
s shall be delineated between the President of the Republic
and the government (as headed by the Prime Minister). The chapter also outlines the nature of the indirect election
of the President by the Parliament, as well as the limitations of presidential power in selecting a government. This section also includes a number of historically significant regulations with respect to the Czech Republic's accession to the European Union
(Articles 54–80).
and Supreme Courts
, as well as the independence of the judiciary
(Articles 81–96).
(Article 97).
was quickly annexed to the US constitution, granting Czech citizens specific personal rights that would be extremely difficult for a future Czech government to abrogate (Articles 106–113).
Czechoslovakia
Czechoslovakia or Czecho-Slovakia was a sovereign state in Central Europe which existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until 1992...
(1960 Constitution of Czechoslovakia
1960 Constitution of Czechoslovakia
The Constitution of the Czechoslovak Socialist Republic , promulgated on 11 July 1960 as the constitutional law 100/1960 Sb., codified the Communist regime in Czechoslovakia...
), which split into the Slovak Republic and the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
by act of parliament on January 1, 1993, through the so-called Velvet Divorce.
The document is organized into eight chapters. Each, save the last, is concerned with a distinct aspect of government. The final chapter deals with a number of "interim" topics, which were largely resolved by 31 December 1993, and currently have little bearing upon the governance of the Republic.
, the constitution has been amended five times.
Chapter One
The first few articles of the constitution give basic form to the nature of the government of the Republic. It binds the government to a "respect for the rights and freedoms of man and citizen"; proclaims the Charter of Fundamental Rights and Basic FreedomsCharter of Fundamental Rights and Basic Freedoms
The Charter of Fundamental Rights and Basic Freedoms is a document enacted in 1991 by the Czechoslovak Federal Republic, and continued as part of the great constitutional systems of both the Czech Republic and Slovak Republic...
an "integral component of the constitutional system"; establishes the republic as a democratic, law-abiding state, deriving its sovereignty from the people; says that "majority decisions shall respect protection of minorities"; and enjoins the Republic "to a prudent utilization of natural resources and to protection of natural wealth". In this early part of the document, the constitution also allows for its amendment by a Constitutional Act
Constitutional act of the Czech Republic
A constitutional act, with respect to the laws of the Czech Republic, is an act which can change the Constitution of the Czech Republic, provisions of the Charter of Fundamental Rights and Basic Freedoms, the conditions under which the citizenry may exercise state power directly, or the exterior or...
, but forbids amending the constitution in any way that will compromise the Republic's standing as a "democratic, law-abiding state". Chapter One gives an outline of the Republic's duties towards international law, saying (in part) that conflicts between domestic laws and international laws binding upon the Republic must be resolved in favor of international agreements. The opening chapter concludes by defining the capital, national symbols, territory and rules of citizenship for the Republic (Articles 1–14).
Chapter Two
It vests legislative power in the Czech ParliamentParliament of the Czech Republic
The Parliament of the Czech Republic is the legislative body of the Czech Republic, based in Prague. It consists of two chambers, both elected in direct elections:* the Lower House: Chamber of Deputies of the Parliament of the Czech Republic...
, consisting of two chambers, the Chamber of Deputies
Chamber of Deputies of the Czech Republic
The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague....
and the Senate
Senate of the Czech Republic
The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic...
(Articles 15–53).
Chapter Three
It provides for the ways in which specific executive powerExecutive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
s shall be delineated between the President of the Republic
President of the Czech Republic
The President of the Czech Republic is the head of state of the Czech Republic. Unlike his counterparts in Austria and Hungary, who are generally considered figureheads, the Czech President has a considerable role in political affairs...
and the government (as headed by the Prime Minister). The chapter also outlines the nature of the indirect election
Indirect election
Indirect election is a process in which voters in an election don't actually choose between candidates for an office but rather elect persons who will then make the choice. It is one of the oldest form of elections and is still used today for many upper houses and presidents...
of the President by the Parliament, as well as the limitations of presidential power in selecting a government. This section also includes a number of historically significant regulations with respect to the Czech Republic's accession to the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(Articles 54–80).
Chapter Four
The Constitution establishes the ConstitutionalConstitutional Court of the Czech Republic
The Constitutional Court of the Czech Republic is a specialized type of court which primarily works to protect the people of the Czech Republic against violations of the constitution. In this respect, it is similar in functionality to the US Supreme Court, but is distinct from the Supreme Court of...
and Supreme Courts
Supreme Court of the Czech Republic
The Supreme Court of the Czech Republic is the court of highest appeal for almost all legal cases heard in the Czech Republic. As set forth in the Constitution of the Czech Republic, however, cases of constitutionality, administrative law and political jurisdiction are heard by other courts...
, as well as the independence of the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
(Articles 81–96).
Chapter Five
The constitution establishes The Supreme Control OfficeSupreme Control Office of the Czech Republic
The Supreme Control Office of the Czech Republic alternately known in English as the Supreme Audit Office of the Czech Republic is a "unique, independent constitutional entity to supervise the management of the state property and the state budget."...
(Article 97).
Chapter Seven
The constitution provides the basis for local government, by dividing the territory of the republic into self-governing territorial districts, and regions (Articles 99-105).Chapter Eight
The document concludes by weighing in on a number of so-called "interim" issues which mainly applied to the Republic in its first year of existence. Chiefly, it specifically delineates what officers or laws of the former Czech government as a constituent part of the Czechoslovak Federal Republic remained in force until the Czech Republic produced new officeholders or laws under the provisions found elsewhere in the constitution. Of the provisions of this chapter, by far the most lasting has been Article 112 (1), which made the Charter of Fundamental Rights and Freedoms (1991) a part of the constitution. This move has commonality with the way in which the Bill of RightsBill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
was quickly annexed to the US constitution, granting Czech citizens specific personal rights that would be extremely difficult for a future Czech government to abrogate (Articles 106–113).
See also
- Constitutional development of Czechoslovakia
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- Constitutional lawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....