Appointing the Governor of the Czech National Bank as a constitutional problem

Vol.8,No.4(2000)

Abstract
Article examines some constitutional aspects of jurisdictional dispute concerning the appointment of the new governor of the Czech National Bank, which aro­se in the end of the year 2000 between the President of the Republic and government. Author step by step shows reasons in favour of the standpoint, that coun­tersignature is not needed. Constitutional provisions is to be interpreted according their object and like one whole. Sense of the regulation of the Czech central bank in the Constitution is its separation from the executive power immediately depending on electoral results and preservation of its independence by fulfilling its primary purpose - maintenance of the stability of the curren­cy in the shape of currency (monetary) political discre­tion. Author also refers to mistaken interpretation of the constitutional provisions concerning appointment of the governor of the Czech National Bank and bac­kground its genesis. Further the article deals with the question of constitutional conventions and their signi­ficance for constitutional practice. Finally the author deals with deficiently explored question of the resolving of jurisdictional disputes on trial and with standing to sue of the government in future dispute.

Pages:
402–411
Author biography

Jan Filip

Department of Constitutional Law and Political Science, Faculty of Law, Masaryk University, Brno

Katedra ústavního práva a politologie, Právnická fakulta, Masarykova univerzita, Brno
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