Dudová and Duda before the Czech Constitutional Court: The question of autonomy of religious organizations
Abstract
The constitutional and legal basis for Church autonomy in the Czech Republic lies in the Charter of Fundamental Rights and Freedoms, which is part of the Czech constitutional order. Compared to other domains of the Church autonomy, the staffing of churches is a relatively frequent subject of theoretical reflection and decision-making on the part of Czech courts. The Constitutional Court of the Czech Republic had to express its opinion on some problematic cases, in particular, the limits of Church autonomy. The case of Duda and Dudová is an example of a conflict between civil rights and the autonomy of churches in the modern Czech history. This article discusses the long and tortuous journey through the Czech judiciary system, which Duda, Dudová, and the Czechoslovak Hussite Church had to go through in order to clarify consequences of Church autonomy.