Publication details
Historický vývoj ústavního soudnictví a přístupu jednotlivce k ústavnímu soudu
| Title in English | Historical Development of Constitutional Review and Individual’s Access to the Constitutional Court |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.5817/CPVP2018-3-2 |
| Keywords | Constitutional Review; Constitutional Complaint |
| Attached files | |
| Description | The text deals with the historical development of a constitutional review in the Czech Republic. In the first part, the author summarizes the development of the notion of a judicial review of the constitutionality of legal acts and formulates the material prerequisites of the creation of a constitutional court. Apart from requirements stated in existing literature (written constitution, separation of power, hierarchical legal order), the author adds a concept of sovereignty of the People, without which the philosophical legitimization of judicial control of constitutionality could not function as a protection of the principal (the People) against the excesses of the agent (the parliament). In the second part, the author elaborates on the development of the constitutional review in the Czech context. The elaboration starts with the Reichsgericht established by the December Constitution 1867, which some authors consider to be the direct predecessor of a concentrated and specialized constitutional court, and further continues to the era of the First Republic, which is considered by Tomáš Langášek as the „wasted world leadership“. The author analyzes reasons why the Constitutional Court in the era of the First Republic did not influence that period more and why it was probably the cause of the constitutional review not being renewed after the Second World War. Upon the end of the interim, when the constitutional review either did not exist or was only formally enshrined in the law but not actually established, the author focuses on the establishment of the Constitutional Court of the CSFR and subsequently also on the current Act No.182/1993 Coll., on the Constitutional Court. |