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Where the Constitutional Court does not go (and not only about that)

Publication at Faculty of Law |
2021

Abstract

On the occasion of the centenary of the beginning of the Czechoslovak Constitutional Court's operation, the authors take note of its basic definition as well as the reasons and manifestations of its little success in the interwar constitutional conditions. Serious problems with the appointment of members of the court were repeated in both successor states.

The Czech Constitutional Court is conceptually different from the Czechoslovak one, which is reflected, among other things, in the list of its competencies. Their number and character increase the number of cases in which the Constitutional Court decides, if it even has jurisdiction at all to resolve the matter.

The last part of the article is therefore devoted to a critical analysis of these decisions.