Constitutional act of the Czech Republic
Encyclopedia
A constitutional act, with respect to the laws of the Czech Republic
, is an act which can change the Constitution of the Czech Republic
, provisions of the Charter of Fundamental Rights and Basic Freedoms
, the conditions under which the citizenry may exercise state power directly, or the exterior or interior frontier
s of the territory of the Czech Republic
.
Passage of such an act can only be accomplished through the agreement of 3/5ths of all Deputies
and Senators
present at the time the proposed act is laid before each house of Parliament
. It is the only type of legislation which does not require the signature
of the President
to become law. Furthermore, it is the only type of legislation which the President cannot veto
.
A number of constitutional acts were required for the Czech government to function in its first year of existence. However these had no lasting impact upon the constitution itself, and may, in hindsight, be regarded as "votes which required 3/5ths majorities". For instance, the Provisional Senate of 1992 was "constituted in a manner defined by a Constitutional Act", but that act is not binding upon the Senate today.
. Given the administrative burden of complying with the act, however, it did not come into effect until 1 January 2000.
, required regional governments to offer material aid to the national defense, and defined the response to a non-military state of emergency
, such as an ecological or industrial disaster
. It also set up a State Security Council, headed by the Prime Minister. Furthermore, it required, during times of imminent military threat or war, that legislative debate be shortened to just 72 hours from the time of a bill's introduction, and that the president's veto
power be temporarily suspended. Finally, it allowed for up to a six-month extension of electoral term
s during the time of a declared state of emergency.
on the Czech Republic's accession to the European Union. Such an act was implied in Article 10a of the original wording of the constitution, which says that the Republic may surrender a part of its powers under international treaty "unless a constitutional act provides that such ratification requires the approval obtained in a referendum." Since the constitution later specifically required the president to "call a referendum on the Czech Republic's accession to the European Union", Parliament exercised its right under Article 10 to not only formalize that there would be such a referendum, but to define the terms under which it would be held.
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
, is an act which can change the Constitution of the Czech Republic
Constitution of the Czech Republic
The current Constitution of the Czech Republic was adopted on December 16, 1992. It replaced the constitution of Czechoslovakia , which split into the Slovak Republic and the Czech Republic by act of parliament on January 1, 1993, through the so-called Velvet Divorce.The document is organized into...
, provisions of the Charter of Fundamental Rights and Basic Freedoms
Charter of Fundamental Rights and Basic Freedoms
The Charter of Fundamental Rights and Basic Freedoms is a document enacted in 1991 by the Czechoslovak Federal Republic, and continued as part of the great constitutional systems of both the Czech Republic and Slovak Republic...
, the conditions under which the citizenry may exercise state power directly, or the exterior or interior frontier
Frontier
A frontier is a political and geographical term referring to areas near or beyond a boundary. 'Frontier' was absorbed into English from French in the 15th century, with the meaning "borderland"--the region of a country that fronts on another country .The use of "frontier" to mean "a region at the...
s of the territory of the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
.
Passage of such an act can only be accomplished through the agreement of 3/5ths of all Deputies
Chamber of Deputies of the Czech Republic
The Chamber of Deputies of the Parliament of the Czech Republic is the lower house of the bicameral Parliament of the Czech Republic. The seat of the Chamber of Deputies is situated in palaces in Malá Strana, Prague....
and Senators
Senate of the Czech Republic
The Senate of the Parliament of the Czech Republic , usually referred to as Senát, is the upper chamber of the Parliament of the Czech Republic...
present at the time the proposed act is laid before each house of Parliament
Parliament of the Czech Republic
The Parliament of the Czech Republic is the legislative body of the Czech Republic, based in Prague. It consists of two chambers, both elected in direct elections:* the Lower House: Chamber of Deputies of the Parliament of the Czech Republic...
. It is the only type of legislation which does not require the signature
Signature
A signature is a handwritten depiction of someone's name, nickname, or even a simple "X" that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory. Similar to a handwritten signature, a signature work describes the work as readily identifying...
of the President
President of the Czech Republic
The President of the Czech Republic is the head of state of the Czech Republic. Unlike his counterparts in Austria and Hungary, who are generally considered figureheads, the Czech President has a considerable role in political affairs...
to become law. Furthermore, it is the only type of legislation which the President cannot veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
.
A number of constitutional acts were required for the Czech government to function in its first year of existence. However these had no lasting impact upon the constitution itself, and may, in hindsight, be regarded as "votes which required 3/5ths majorities". For instance, the Provisional Senate of 1992 was "constituted in a manner defined by a Constitutional Act", but that act is not binding upon the Senate today.
Specific acts
, only six constitutional acts have been passed which have truly changed the nature of the constitution. They have mostly been the result of implications in the original wording of the constitution that Parliament should pass constitutional acts on various subjects.Number 347/1997
Article 100 of the constitution provided that "higher self-governing regions may be created or dissolved only by a constitutional act". Parliament thus moved on 3 December 1997 to create 14 such regions. This required the act to rewrite Article 99 and repeal Article 103 of the constitution, so as to set the regions as being of higher authority than municipalitiesMunicipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
. Given the administrative burden of complying with the act, however, it did not come into effect until 1 January 2000.
Number 110/1998
On 22 April 1998, Parliament opted to pass a constitutional act that was not directly implied or obliged by language in the constitution. The "Constitutional Act on the Secuirty of the Czech Republic" defined the ways in which the Republic would respond to imminent threat. It defined the obligations the constituent parts of the Republic, and even its citizenry, had towards national defense. It allowed for compulsory military service to be instituted by further statuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, required regional governments to offer material aid to the national defense, and defined the response to a non-military state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
, such as an ecological or industrial disaster
Disaster
A disaster is a natural or man-made hazard that has come to fruition, resulting in an event of substantial extent causing significant physical damage or destruction, loss of life, or drastic change to the environment...
. It also set up a State Security Council, headed by the Prime Minister. Furthermore, it required, during times of imminent military threat or war, that legislative debate be shortened to just 72 hours from the time of a bill's introduction, and that the president's veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
power be temporarily suspended. Finally, it allowed for up to a six-month extension of electoral term
Term of office
Term of office or term in office refers to the length of time a person serves in a particular office.-Prime Minister:In the United Kingdom, the Prime Minister has no term limits...
s during the time of a declared state of emergency.
Number 515/2002
On 14 November 2002, Parliament undertook to define the nature of a public referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on the Czech Republic's accession to the European Union. Such an act was implied in Article 10a of the original wording of the constitution, which says that the Republic may surrender a part of its powers under international treaty "unless a constitutional act provides that such ratification requires the approval obtained in a referendum." Since the constitution later specifically required the president to "call a referendum on the Czech Republic's accession to the European Union", Parliament exercised its right under Article 10 to not only formalize that there would be such a referendum, but to define the terms under which it would be held.