Constitutional Law of Federation
Encyclopedia
The Constitutional Law of Federation was a constitutional law
in Czechoslovakia
adopted on 27 October 1968 and in force from 1969 – 1992, by which the unitary
Czechoslovak state was turned into a federation
.
concerning the structure of government. The reform concerned Slovak autonomy; the concentration of governmental authority in Prague
was a source of discontent within Slovakia
throughout the 1960s, and the federalization of the Czechoslovak government codified in the 1968 constitutional amendments was virtually the only product of the reform movement associated with the Prague Spring
to survive. The Czechoslovak state was declared to be composed of "two equal fraternal nations," the Czech Socialist Republic
and the Slovak Socialist Republic
, each with its own national administration paralleling and, at least in theory, equal in status to the federal government. Dual citizenship was established (Article 5 (3): "Every Czechoslovak citizen is at the same time a citizen of the Czech Socialist Republic or the Slovak Socialist Republic"), and many of the former functions of the central government were instead placed under the jurisdiction of the two national governments. The federal government retained exclusive jurisdiction over foreign affairs, national defense, federal reserves, and national resources and held joint jurisdiction in a number of other matters, but the extent of the federalization reform was sweeping.
s, the election of the president and declarations of war required a three-fifths supermajority not only in the Chamber of the People but also of each half (Czech and Slovak) of the Chamber of the Nations, this institutional reform was designed to end Slovak fear of Czech domination of the legislative branch of the government.
(proposals to federalize the party were dropped after the 1968 Soviet invasion in Czechoslovakia), and the administration of two economic systems, two police systems, and the like proved unworkable. As a result, July 1971 amendments to the 1968 Constitutional Law of Federation unified the administration of these and other government functions, ended the practice of dual citizenship and, most important, authorized the federal government to interfere with and invalidate measures of the national governments. Although most of the structures of the 1968 reform remained intact, observers of the Czechoslovak system of government in the 1970s agreed that federalism
remained little more than a facade after the enactment of the 1971 constitutional amendments. In May 1975, the 1968 Constitutional Law of Federation was further amended to allow Gustáv Husák
to take over the presidency from the ailing Ludvík Svoboda
.
Organic law
An organic or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules. A constitution is a particular form of organic law for a sovereign state....
in Czechoslovakia
Czechoslovakia
Czechoslovakia or Czecho-Slovakia was a sovereign state in Central Europe which existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until 1992...
adopted on 27 October 1968 and in force from 1969 – 1992, by which the unitary
Unitary state
A unitary state is a state governed as one single unit in which the central government is supreme and any administrative divisions exercise only powers that their central government chooses to delegate...
Czechoslovak state was turned into a federation
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
.
Federation
The promulgation of the Constitutional Law of Federation amended fifty-eight articles of the 1960 Constitution of Czechoslovakia1960 Constitution of Czechoslovakia
The Constitution of the Czechoslovak Socialist Republic , promulgated on 11 July 1960 as the constitutional law 100/1960 Sb., codified the Communist regime in Czechoslovakia...
concerning the structure of government. The reform concerned Slovak autonomy; the concentration of governmental authority in Prague
Prague
Prague is the capital and largest city of the Czech Republic. Situated in the north-west of the country on the Vltava river, the city is home to about 1.3 million people, while its metropolitan area is estimated to have a population of over 2.3 million...
was a source of discontent within Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
throughout the 1960s, and the federalization of the Czechoslovak government codified in the 1968 constitutional amendments was virtually the only product of the reform movement associated with the Prague Spring
Prague Spring
The Prague Spring was a period of political liberalization in Czechoslovakia during the era of its domination by the Soviet Union after World War II...
to survive. The Czechoslovak state was declared to be composed of "two equal fraternal nations," the Czech Socialist Republic
Czech Socialist Republic
From 1969 to 1990, the Czech Socialist Republic was the official name of that part of Czechoslovakia that is the Czech Republic today. The name was used from 1 January 1969 to March 1990....
and the Slovak Socialist Republic
Slovak Socialist Republic
From 1969 to 1990, the Slovak Socialist Republic was the official name of that part of Czechoslovakia that is Slovakia today. The name was used from 1 January 1969 until March 1990....
, each with its own national administration paralleling and, at least in theory, equal in status to the federal government. Dual citizenship was established (Article 5 (3): "Every Czechoslovak citizen is at the same time a citizen of the Czech Socialist Republic or the Slovak Socialist Republic"), and many of the former functions of the central government were instead placed under the jurisdiction of the two national governments. The federal government retained exclusive jurisdiction over foreign affairs, national defense, federal reserves, and national resources and held joint jurisdiction in a number of other matters, but the extent of the federalization reform was sweeping.
Federal legislature
The most significant and lasting change under the 1968 constitutional law was the replacement of the unicameral National Assembly with a bicameral legislature known as the Federal Assembly. The two bodies, given equal authority, were the Chamber of the People, which was identical to the old National Assembly, and the Chamber of the Nations, which contained an equal number of Czechs and Slovaks. Together with a provision (Article 42) that certain decisions required the majority consent of each half (Czech and Slovak) of the Chamber of the Nations, and a provision (Article 41) that constitutional amendments, organic lawOrganic law
An organic or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules. A constitution is a particular form of organic law for a sovereign state....
s, the election of the president and declarations of war required a three-fifths supermajority not only in the Chamber of the People but also of each half (Czech and Slovak) of the Chamber of the Nations, this institutional reform was designed to end Slovak fear of Czech domination of the legislative branch of the government.
Subsequent developments
It soon became clear, however, that many aspects of the 1968 federalization were politically, as well as administratively, impractical. Political power remained firmly centralized in the KSCCommunist Party of Czechoslovakia
The Communist Party of Czechoslovakia, in Czech and in Slovak: Komunistická strana Československa was a Communist and Marxist-Leninist political party in Czechoslovakia that existed between 1921 and 1992....
(proposals to federalize the party were dropped after the 1968 Soviet invasion in Czechoslovakia), and the administration of two economic systems, two police systems, and the like proved unworkable. As a result, July 1971 amendments to the 1968 Constitutional Law of Federation unified the administration of these and other government functions, ended the practice of dual citizenship and, most important, authorized the federal government to interfere with and invalidate measures of the national governments. Although most of the structures of the 1968 reform remained intact, observers of the Czechoslovak system of government in the 1970s agreed that federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
remained little more than a facade after the enactment of the 1971 constitutional amendments. In May 1975, the 1968 Constitutional Law of Federation was further amended to allow Gustáv Husák
Gustáv Husák
Gustáv Husák was a Slovak politician, president of Czechoslovakia and a long-term Communist leader of Czechoslovakia and of the Communist Party of Czechoslovakia...
to take over the presidency from the ailing Ludvík Svoboda
Ludvík Svoboda
thumb|Svoboda and [[I Corps |I Czechoslovak Army Corps]]Ludvík Svoboda was a Czechoslovak general and politician...
.