Judiciary of the Czech Republic
Encyclopedia
The judiciary of the Czech Republic is an independent branch of government. It has three main divisions, all of which have distinct jurisdiction
s, defined both by the constitution
and subsequent statute
.
The Constitutional court
primarily reviews cases in which a plaintiff
's constitutional right
s have been abridged.
The Administrative court
s handle issues of legal procedure, as well as of political boundaries. For instance, if two government agencies
are in a dispute over jurisdiction, they will likely have the matter adjudicated before an administrative court, unless Parliament takes the matter up legislatively. Also, administrative courts take care of questions of political eligibility, such as whether a person can stand for a particular office, or the registration of political parties
.
Finally the regular courts, as headed by the Supreme Court
, deal with matters of everyday law, making the majority of their case load issues of criminal law
. This division of the judicial branch is perhaps the most complicated, being composed of superior, district, and regional courts.
The seat of the three highest courts (Constitutional, Supreme and Supreme Administrative) is Brno
.
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s, defined both by the constitution
Constitution of the Czech Republic
The current Constitution of the Czech Republic was adopted on December 16, 1992. It replaced the 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...
and subsequent statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
.
The Constitutional court
Constitutional 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...
primarily reviews cases in which a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
's constitutional right
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
s have been abridged.
The Administrative court
Supreme Administrative Court of the Czech Republic
The Supreme Administrative Court of the Czech Republic is the court of highest authority on issues of procedural and administrative propriety. It also has jurisdiction over many political matters, such as the formation and closure of political parties, jurisdictional boundaries between government...
s handle issues of legal procedure, as well as of political boundaries. For instance, if two government agencies
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
are in a dispute over jurisdiction, they will likely have the matter adjudicated before an administrative court, unless Parliament takes the matter up legislatively. Also, administrative courts take care of questions of political eligibility, such as whether a person can stand for a particular office, or the registration of political parties
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
.
Finally the regular courts, as headed by the Supreme Court
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...
, deal with matters of everyday law, making the majority of their case load issues of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. This division of the judicial branch is perhaps the most complicated, being composed of superior, district, and regional courts.
The seat of the three highest courts (Constitutional, Supreme and Supreme Administrative) is Brno
Brno
Brno by population and area is the second largest city in the Czech Republic, the largest Moravian city, and the historical capital city of the Margraviate of Moravia. Brno is the administrative centre of the South Moravian Region where it forms a separate district Brno-City District...
.