Constitution - the basis of Czech constitutionalism?
Vol.1,No.1(1993)
Abstract
Pages:
4–8
From its very beginning the independent Czech state has had its own constitution - which is the very basis of constitutionalism. The Constitution, in a number of aspects corresoonding to the requirements of modem constitutionalism, defines the source of the State power, its means of execution and its objectives. The structure of state power is based on the idea of power-sharing. It stands for the protection of basic human rights. On the other hand however, the Czech Constitution contains some characteristic and rather anachronistic passages - it does not deal with basic human and civil rights although their inclusion is one of the characteristic features of all modem constitutions (the charter of basic rights and freedoms is merely a part of the so-called constitutional order. The bi-cameral structure of the parliament has no relation towards the territorial and administrative structure of the country.) The Constitution also fails to deal with the problem of exercising direct democracy, likewise the definition of higher territorial self-governing units, the problem of transforming international treaties into state law and the introduction of the institution of ombudsman. The constitutor failed to make use of all possibilities made available to it when drawing up the constitution, and thus we face the risk of returning to the state of affairs that we suffered from October 1989 to the end of 1992, when the Federal Constitution consisted of more than forty constitutional laws. Neverthe less the Czech constitution is of fundamental importance for the foundations of Czech constitutionalism.
4–8
Author biography
Jiří Kroupa
Faculty of Law, Masaryk University, Brno
Dean
Copyright © 2018 Jiří Kroupa