The Constitutional Basis of Judicial Power during the First Years of the Czechoslovak State Independence
Abstract
Act N. 11/1918 Coll, on establishing the independent Czechoslovak State, was the basis for taking over administrative Austrian and Hungarian bodies under the Czechoslovak state sovereign power. However, a similar approach was not applied to courts.
The different approach to judiciary invokes some doubts with respect to the constitutional basis of judicial power in the newly established Czechoslovakia. An analysis of documents produced by the National Committee suggests that the National Committee applied the principle of selective validity to certain Austrian constitutional laws in the Czechoslovak territory, including Act N. 144/1867 ř.z., on the independence of the judicial branch.
This law was in force in Czechoslovakia until the adoption of the Constitution of 1920, i.e. until 6 March 1920. However, ten years later, the Supreme Court in its judgment seems to have denied that validity.