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Parliamentary Obstruction and Constutional Law Discourse

Publication at Faculty of Law |
2017

Abstract

In the last seven years the Czech Chamber of Deputies has been increasingly crippled, even paralyzed by parliamentary obstruction. In the seventh term, the opposition have managed to block a number of bills so effectively that in one case the government gave in and in another managed to push the bill through only by breaking procedural rules.

This paper puts such obstruction techniques into perspective of the American debate on Senate filibuster, which until recently functioned as a stable blocking tool of a qualified minority. Constitutional arguments in favour of filibuster are summarized as well as those opposing it.

Recent developments in Senate rules which gradually eliminate the filibuster are also described. The paper also deals with the history of parliamentary obstruction in Europe including the Central European academic debate on the issue.

The last chapter returns to the Czech Republic, analyses its most problematic obstruction techniques and offers potential solutions.