2018
Abolition of Constitutional Statute by the Constitutional Court of the Czech Republic
KOUDELKA, ZdeněkBasic information
Original name
Abolition of Constitutional Statute by the Constitutional Court of the Czech Republic
Name in Czech
Zrušení ústavního zákona Ústavním soudem České republiky
Authors
KOUDELKA, Zdeněk (203 Czech Republic, guarantor, belonging to the institution)
Edition
Russian Law, Moskva, Rusko, Russian Academy of Legal Sciences, 2018, 1811-9077
Other information
Language
English
Type of outcome
Article in a journal
Field of Study
50501 Law
Country of publisher
Russian Federation
Confidentiality degree
is not subject to a state or trade secret
References:
RIV identification code
RIV/00216224:14220/18:00103596
Organization unit
Faculty of Law
Keywords (in Czech)
Ústavní zákon
Keywords in English
Constitutional act
Tags
Tags
International impact, Reviewed
Changed: 10/7/2020 13:58, Mgr. Petra Georgala
Abstract
V originále
The Constitutional court in Brno abolished the constitutional act on shortening the electoral term of the Chamber of Deputies due to the alleged conflict to the Constitution. The Constitutional court did so without being expressly entitled to it by the Constitution. Extraordinary elections took place on the base of a special constitutional act, this practice was applied repeatedly within the effective legal order in the Czech Republic and it became a constitutional convention. Abolition of a constitutional act which was enacted by the qualified majority within the right procedure is in conflict to the constitutional command which states that the Constitutional court is bound by the constitutional acts. If the Constitutional court designates the constitutional act as something what is not a constitutional act, then the others can designate the judgment of the Constitutional court as something what is not a judgment and can refuse to respect it. Such a consequence of the conduct of the Constitutional court is a serious violation of the principle of the legal certainty.
