Publication details
A Couple of Notes Regarding a Controversial Finding by the Czech Constitutional Court (Case Melčák)
| Authors | |
|---|---|
| Year of publication | 2010 |
| Type | Article in Periodical |
| Magazine / Source | Journal on Legal and Economic Issues of Central Europe |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Constitutional Court material focus of the Constitutions Melčák election |
| Description | In September 2009, the Constitutional Court of the Czech Republic issued one of its controversial findings that became the main subject of discussion of both the broad public and politicians and layers in the Czech Republic and abroad. Even the Constitutional Court itself considers this finding to be of significant importance and the Court even had it translated into English and German and put it on web. Therefore I decided to summarize this finding and submit it to foreign readers in more understandable form. Notwithstanding that this finding (decision) ÚS Pl. ÚS 24/09 was come to by outstanding majority of Justices (thirteen voted in favor of it), one might look at it as one of the most controversial decision made by the constitutional tribunal so far. For a general public, it was important especially because it stopped the then announced election to the Chamber of Deputies from taking place and it dealt with issues of so-called material focus of Constitution, retroactivity in constitutional law and the question whether or not Constitutional Court may repeal constitutional act (statute). |