Publication details

O legitimitě a výkladu české Ústavy na konci století existence moderního českého státu

Title in English On the Margin of the Centenary of the Modern Czech State: The Legitimacy and Interpretation of the Czech Constitution


Year of publication 2013
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords constitution; original constitutional authority; legitimacy; interpretation; lack of prior understanding
Attached files
Description The Constitution of the Czech Republic entered into force in 1993. This article explains the circumstances in which it was drafted, discussed and approved. Hurriedly prepared, in a context which was characterized by a lack of transparency and consultation of the original constitutional authority, the People, the Constitution of the Czech Republic lacks "prior understanding': Given its concise text, the adoption of a clear harmonized interpretation was necessary. However, the Constitutional Court is neither granted sufficient tools nor occasions and its interpretation of various constitutional provisions has not always been consistent. The Czech doctrine, which is rather fragmented, has also failed to limit the ambiguities in the interpretation of the Constitution. For these two reasons (problems of legitimacy and lack of a unique, consistent interpretation) it should be decided to examine in- depth both the text olthe Constitution and its implementation and, to draft, pOSSibly by 2020 (the centenary o/the first Czechoslovak constitution), an entirely new Constitution. The article contains suggestions in this regard.

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