Page:The Constitution of the Czechoslovak Republic.pdf/13

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The question whether a particular law is in conflict with the Charter of the Constitution is decided by the Constitutional Court exclusively on the motion of the Supreme Court of Justice, or the Supreme Administrative Court, the Electoral Court, the Chamber of Deputies, the Senate or the Diet of Russinia. A resolution to carry such a motion must be passed by a majority in the above-mentioned bodies in each case.

It must be made within 3 years at least of the date on which the law in question was promulgated.

Such an application is made under a system of procedure in which the parties participate by question and answer, and in the presence of the legislative assemblies and the government. Exact limits are fixed to the duration of the proceedings. They may not last longer than 10 months. The proceedings are public and oral. Should any of the parties fall to send their representatives to the hearing, the proceeding shall not be thereby in any way prejudiced. Five votes at least are always necessary for finding against the validity of a law.

The finding of the Constitutional Court is reported by the President of that Court to the Government. It is the duty of the Minister of the Interior to publish the finding within eight days and without comment in the official Code of Laws and Regulations. At the same time the finding is to be published in the official press with detailed grounds for the decision.

The publication of the finding in the official Code of Laws and Regulations has the effect of making it binding, from the date of its publication, upon the legislative bodies, the Government, all public offices, and on the Courts.