The Constitutional Court and the Legislator in Economic and Social Matters: Protection of Constitutionality or Political Tug-of-War?
Abstract
The article -poses the question, whether the Constitutional Court of the Czech Republic interferes excessively in the economic and social policy, possibly eliciting resistance from the legislator, or whether the interaction between the Court and the legislator may be described as proper from both sides and as an accomplishment of the purpose of judicial review. This is analysed by looking at the set of the Constitutional Court's decisions, by which statutes or individual provisions thereof in these policy areas were annulled.
First, the reasons for annulment are analysed, from purely formal deficiencies without any real impact upon the policy areas to the Court's own value-based views of the policy area that differ from those of the legislator. Next, the reaction of the legislator is discussed.