Publication details
Kontrasignace
| Title in English | Countersignature |
|---|---|
| Authors | |
| Year of publication | 2014 |
| Type | Article in Proceedings |
| Conference | Dělba moci |
| MU Faculty or unit | |
| Citation | |
| Web | Oznámení konference Olomoucké právnické dny 2013 |
| Field | Law sciences |
| Keywords | Countersignature; president |
| Attached files | |
| Description | The countersignature of a decision of president by prime minister is one of the constitutional questions concerning relations between top representatives of executive power. It is characteristic for our situation that only some decisions of president must be counter-signed, not all of them. And what is more – the will of the president is determining also in counter-signed decisions. It is the execution of his duty. The prime ministr can prevent the president from a decision, but he cannot compel him to decide. The author of the essay holds the view that the president is legally responsible also for counter-signed decisions, because the responsibility of the government for the counter-signed decision is not legal responsibility with possibility of sanction, it is only political responsibility. Legal responsibility cannot be replaced by political responsibility. The essay also refers to the fact that countersignature is unsiutable for orders of president during a war, what makes command under armed forces difficult. |