Publication details
Niekonstytucyjna ustawa konstytucyjna
| Title in English | Unconstitutional Constitutional Law |
|---|---|
| Authors | |
| Year of publication | 2011 |
| Type | Article in Periodical |
| Magazine / Source | Forum prawnicze |
| MU Faculty or unit | |
| Citation | |
| Web | Web vydavatelství |
| Field | Law sciences |
| Keywords | Constitutional Court |
| Attached files | |
| Description | The text focuses on the judgment of the Constitutional court in Brno which adopted the competence to abolish constitutional acts. The Constitutional court abolished the constitutional act on shortening the electoral term of the Chamber of Deputies due to the alleged conflict to the constitutional statute No 1/1993 Coll., Constitution of the Czech Republic. 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. Translation in Polish - Boleslaw Banaszkiewicz. |