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The Constitutional Court of the Czech Republic between Law and Politics

Publication at Faculty of Law |
2022

Abstract

During three decades of decision-making, the Constitutional Court of the Czech Republic has deci- ded a number of cases located in the intersection between constitutional law and politics. To determine what a juridical decision is and what is already a political one seems to be almost impossible not only for the Czech Constitutional Court but also for the Supreme Court of the U.

S., founded in 1789. Nevertheless, we should not resign to seek an answer to the question "what already constitutes a political decision of the courts", main- ly because of the issue of legitimacy of constitutional judges' decisions and their impact on the Czech legal system.

This article deals with the influence of the U. S. political question doctrine on decisions of the Constitutional Court of the Czech Republic.

For a better understanding, it briefly presents the origin and the establishment of this doctrine in the Supreme Court of the United States. The core of the article focuses on defining the Czech political question in the Czech legal system, its limits and on its application by the Consti- tutional Court of the Czech Republic.

The thesis analyses the influence of the American doctrine primarily using case law of the Czech Constitutional Court from the years 1993-2021 and also interviews with current and former constitutional judges. The article concludes that there is an influence of the U.

S. political ques- tion doctrine on the Czech Constitutional Court and it defines thematic areas of case law which relate to possible Czech political questions.