Constitution of the Czech Republic in the context of "1960 Constitution of Czechoslovakia"

Play Trivia Questions online!

or

Skip to study material about Constitution of the Czech Republic in the context of "1960 Constitution of Czechoslovakia"

Ad spacer

⭐ Core Definition: Constitution of the Czech Republic

The Constitution of the Czech Republic (Czech: Ústava České republiky) is the supreme law of the Czech Republic. The current constitution was adopted by the Czech National Council on 16 December 1992. It entered into force on 1 January 1993, replacing the 1960 Constitution of Czechoslovakia and the constitutional act No. 143/1968 Col., when Czechoslovakia gave way to the Slovak Republic and the Czech Republic in a peaceful dissolution.

The constitution is a constitutional act, and together with other constitutional acts constitutes the so-called constitutional order of the Czech Republic, or the constitution (with a small c). While the Charter of Fundamental Rights and Basic Freedoms (Listina základních práv a svobod, No. 2/1993 Coll.), an equally important constitutional act, asserts human and civil rights, the Constitution is concerned with state sovereignty and territorial integrity, and defines the institutions governing the state.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<
In this Dossier

Constitution of the Czech Republic in the context of Entrenched clause

An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.

Any amendment to a constitution that would not satisfy the prerequisites enshrined in a valid entrenched clause would lead to so-called "unconstitutional constitutional law"—that is, an amendment to constitutional law text that appears constitutional by its form, albeit unconstitutional due to the procedure used to enact it or due to the content of its provisions.

↑ Return to Menu

Constitution of the Czech Republic in the context of Judiciary of the Czech Republic

The Judiciary of the Czech Republic is set out in the Constitution, which defines courts as independent institutions within the constitutional framework of checks and balances.

The whole of chapter four of the Constitution of the Czech Republic is dedicated to defining the role of judicial power in the Czech Republic. It states the main function of courts of law is the protection of rights in a manner defined by legislation, and gives them sole responsibility for determining guilt and administering penalties for criminal offences. Courts are defined as independent, although their administration is in the hands of the Ministry of Justice.

↑ Return to Menu

Constitution of the Czech Republic in the context of Constitutional Court of the Czech Republic

The Constitutional Court of the Czech Republic (Czech: Ústavní soud České republiky) is the supreme constitutional court in the Czech Republic and the de facto highest and most powerful court in the land.

It has its basis in the Constitution and it is the one created with the greatest specificity among all levels of judiciary. The Constitution states that the Court is "charged with protection of constitutional rule" and as such its primary and appellate jurisdiction is to review and rule on questions of constitutionality and constitutional law. It is also the only venue for impeachment proceedings brought by the Parliament against the president. The Court has the power of judicial review which allows it to invalidate and strike down laws enacted by the Parliament.

↑ Return to Menu

Constitution of the Czech Republic in the context of Supreme Court of the Czech Republic

The Supreme Court of the Czech Republic (Nejvyšší soud České republiky) 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.

Along with the Supreme Administrative and Constitutional Court, the Supreme Court forms a triumvirate of courts at the summit of the Czech judiciary. It is situated on Burešova Street 20, Brno.

↑ Return to Menu

Constitution of the Czech Republic in the context of Cabinet of the Czech Republic

The Government of the Czech Republic (Czech: Vláda České republiky) exercises executive power in the Czech Republic. The members of the government are the Prime Minister of the Czech Republic (Chairman of the Government), the deputy prime minister and other ministers. It has its legal basis in the Constitution of the Czech Republic.

↑ Return to Menu