Czech constitutional identity and essentials of a democratic state governed by the rule of law - the right to a weapon as a foreign element
Abstract
This article aspires to shed more light on the understanding of the notions of the constitutional identity, the material core of a constitution and unamendable elements of a constitution (eternity clauses) and on the concept of essential elements of a democratic state governed by the rule of law as reflected in the practice of the Czech Constitutional Court in relation to the Charter of Fundamental Rights and Freedoms. The Czech debate is not centred on the use of constitutional identity as a shield protecting local specifics and it would not change due to the recent novelisation of the Charter.
Quite the opposite. With a certain degree of generalization, we can conclude that the Czech notion of constitutional identity is, at least in the view of the Czech Constitutional Court, deeply grounded in such general concepts as democracy and the rule of law and connected with the material core of a constitution and unamendable elements of a constitution.
However, this"legal" concept of constitutional identity may easily conflict with a "popular" constitutional identity based primarily on traditional narratives about the formative events of Czech history as perceived by the Czech people and their elected representatives.