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On (un)recommended constitutional changes

Publication at Faculty of Law |
2023

Abstract

More than thirty years have passed since the establishment of the constitutional order of the independent Czech Republic. The Constitution has its weaknesses and in a changing world it is certainly necessary to reflect on changes to the highest norms in the state as is purpose of this paper.

It would certainly be possible and advisable to amend or change the Constitution, or the entire constitutional order, in many different places, so that it can better and more effectively perform its functions. In this paper, however, I would like to highlight and recommend one set of changes and warn against the other. The first, positive recommendation is the modification of the relationship between the President of the Republic and the Government and the Chamber of Deputies. Here I recommend strengthening the Government and clarifying the role of the President. On the other hand, the introduction of elements of direct democracy should be approached with restraint. After all, it is the direct presidential election which, according to the author of this article, has not contributed to the balance of the constitutional system and it is questionable whether the elements of a true direct democracy could be absorbed by the constitutional order at all.