Three Comments on Factors Influencing the Constitutional Three Comments on Factors Influencing the Constitutional Court and on the Possibilites of their Reflection
Abstract
The article follows up on the monograph by H. Smekal, J.
Benák et al. Extralegal Influences on the Decision-Making of the Czech Constitutional Court.
Based on their findings, it discusses three questions significant for the legitimacy and authority of the Constitutional Court. The first one is the procedure of appointment of judges of the Constitutional Court and the role of the Senate.
Here, the article presents a sceptical view of the possibility to implement certain suggestions for a change in the Senate's approach. Secondly, the article poses the question, whether and to what extent should the Constitutional Court consider the impacts of its decision and whether it does so in practice.
Thirdly, the article deals with the elaboration and adoption of plenary decisions and in connection with the recent criticism of this procedure from within the Court itself, the article makes suggestions for improvement.