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The Constitution of the Czech Republic in Reflection of Three Decades

Publication

Abstract

The adoption of the Constitution of the Czech Republic (hereinafter referred to as the "Constitution") symbolically completed the process of preparing the Czech Republic as an independent and sovereign state. The preparation of the Constitution was rather hectic due to the very short period of time available for its preparation, discussion and adoption. Moreover, all this took place in the context of the division of Czechoslovakia. From the formal start of work on 10 July 1992 to its approval on 16 December of the same year, only five months elapsed.

Some issues were of such a contentious nature that their resolution was postponed until a later date. As was the case with the issues of the territorial division of the state and the form of local government or administrative justice. In other areas, it seemed that the emerging era would no longer call for their resolution, or at least not in the traditional manner. This was the case of establishing a constitutional framework for ensuring state security.

However, even in the rest of its provisions, the Constitution did not provide a solution that was not without some question marks and/or did not create tensions. Among the big issues, we can mention the position of the President of the Republic in relation to other constitutional institutions, which has been one of the "evergreens" of constitutional and political debates of the last 30 years. Among the "smaller" issues, we can mention the position of the Czech National Bank, the Supreme Audit Office, the prosecutor's office, and the local government.

All of the above issues have been debated throughout the period of the Constitution's validity. The Constitution has been amended in some respects, but remains under discussion in others. Overall, it can be stated that the Constitution remains essentially unchanged in its basic principles. However, a closer look at the Constitution's successor statutes might show the opposite on a number of issues.

Thirty years is a long time. It is a time of generational change, which we are now also witnessing. Our conference will focus on this aspect. That is, the position of the Constitution in the course of time, the issues and problems that are still relevant and the possible solutions.

We would welcome papers at the conference that highlight lesser known or unrecorded facts that have influenced the drafting and adoption of the Constitution. In order to analyse its functionality and, in a real sense, its effectiveness, it is certainly necessary to think of it in terms of its dynamics. We reflect on the past in order not to be surprised by future events.