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@article{1331067,
author = {Kopeček, Lubomír and Petrov, Jan},
article_number = {1},
doi = {http://dx.doi.org/10.1177/0888325414561784},
keywords = {Czech Constitutional Court; parliamentary opposition; judicial review of legislation; transitional justice},
language = {eng},
issn = {0888-3254},
journal = {East European Politics and Societies},
title = {From Parliament to Courtroom: Judicial Review of Legislation as a Political Tool in the Czech Republic},
url = {https://is.muni.cz/publication/1331067/cs/From-Parliament-to-Courtroom-Judicial-Review-of-Legislation-as-a-Political-Tool-in-the-Czech-Republic/Kopecek-Petrov?vysledek=24923},
volume = {30},
year = {2016}
}
TY - JOUR
ID - 1331067
AU - Kopeček, Lubomír - Petrov, Jan
PY - 2016
TI - From Parliament to Courtroom: Judicial Review of Legislation as a Political Tool in the Czech Republic
JF - East European Politics and Societies
VL - 30
IS - 1
SP - 120-146
EP - 120-146
PB - Am. Council of Learned Societies, SAGE
SN - 08883254
KW - Czech Constitutional Court
KW - parliamentary opposition
KW - judicial review of legislation
KW - transitional justice
UR - https://is.muni.cz/publication/1331067/cs/From-Parliament-to-Courtroom-Judicial-Review-of-Legislation-as-a-Political-Tool-in-the-Czech-Republic/Kopecek-Petrov?vysledek=24923
L2 - https://is.muni.cz/publication/1331067/cs/From-Parliament-to-Courtroom-Judicial-Review-of-Legislation-as-a-Political-Tool-in-the-Czech-Republic/Kopecek-Petrov?vysledek=24923
N2 - The Czech Constitutional Court has gained a strong position within the political system. This article examines the judicial review of legislation from the point of view of the relation between the court and the parliament. The authors analyze trends in the use of petitions proposing the annulment of statutes, who makes use of the petitions, how successful the petitioners are, and what issues the petitions concern. The article pairs a quantitative view with a qualitative analysis of key selected decisions by the court, especially in the sphere of mega-politics. The authors test whether judicial review of legislation serves as a tool for parliamentary opposition. The results show the decisive effects of a legislative majority in the lower house of the parliament. If the government lacks a majority, the use of judicial review of legislation as an oppositional tool fades. Also important is the weakness of the upper house, which makes senators more likely to resort to using judicial review of legislation. An especially crucial factor is the presence of independent and semi-independent senators who, without broader political backing, see judicial review of legislation as a welcome tool. The most frequent topics of the petitions were transitional justice, social policy, and the legislative process.
ER -
KOPEČEK, Lubomír and Jan PETROV. From Parliament to Courtroom: Judicial Review of Legislation as a Political Tool in the Czech Republic. \textit{East European Politics and Societies}. Am. Council of Learned Societies, SAGE, 2016, vol.~30, No~1, p.~120-146. ISSN~0888-3254. Available from: https://dx.doi.org/10.1177/0888325414561784.
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