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Did the legislators forget to change the Constitution, or did they just not expect what would come after the direct presidential election?

Publication at Faculty of Law |
2019

Abstract

When Act No. 275/2012 Coll., On the Election of the President of the Republic (Act on the Election of the President of the Republic), as amended was adopted in the summer of 2012, many of true democrats were happy that we were getting closer and faster to the west principals of democracy. However, did our legislators forget concerning to the direct election of the president to expand or otherwise regulate the range of legitimated persons who are entitled to file an action against the president of the republic for treason or for a gross violation of the Constitution or other Constitutional order? Or our legislators just did not expect what would come with the first directly elected head of state.

I will try to answer this question in the present article and at the same time I will consider below this from de lege ferenda perspective.