Czech Legal Culture

Cases I

All the cases for this seminar are related to some basic constitutional issues of a Rechtstaat [rule of law state]: discussing a role of a second chamber of the Parliament that was promised by the 1993 Constitution but was actually formed only much later on, making a decision on the unconstitutionality of a "constitutional statute" and discussing a coherence of legislation. 

Please, read the cases below and answer the following questions:

  1. What was the case about? Shortly summarize the facts of the case. 
  2. What was the claim? How was it decided? 
  3. What could be the ratio decidendi of the case? Try to summarize the main arguments of the court.