Page:The Constitution of the Czechoslovak Republic.pdf/14

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THE DEFINITIVE CONSTITUTION OF THE CZECHOSLOVAK REPUBLIC.

(By Dr. JIŘÍ HOETZEL)

The National Assembly of the Czechoslovak Republic—a body which was the product of the Revolution—determined, by an enactment dated 29th February 1920, on the definitive Constitution of the land. Conditions resulting from the War prevented this Constitution being elaborated with the parliamentary co-operation of non-Czech citizens of the Republic (i. e. Germans and Magyars), particularly as the frontiers of our state had not at all points as yet been finally determined upon. The National Assembly, with due regard to this fact, endeavoured to elaborate a Constitution which should be both just and impartial, so that our state might in all honour defend it against criticism however severe—a criticism taking just account of all attendant circumstances.

The Charter of the Constitution expressly declares the Czechoslovak Republic to be a democratic republic. It is a unified, not a federative state. Only the territory of Russinia (Podkarpatská Rus) enjoys a special position in regard of public rights, defined in par. 3. of the Charter. By these provisions, the Treaty of St. Germain-en-Laye (articles 10—13) made on September 10th 1919 between the Allied and Associated Powers of the one part and the Czechoslovak Republic of the other part, has been carried into effect within the state itself. The Czechoslovak Republic, it is true, was under no obligation according to article 1 of the said treaty, to declare the articles 10—13 as fundamental (constitutional) articles. By doing so in par. 3 of the Charter the Republic clearly shews that she desires fully to guarantee the autonomic existence of the territory of Russinia. Our Republic has done more than its international duty, not only formally but also de facto, in admitting the members of the National Assembly (deputies and senators) elected in Russinia, to full rights of discussion, of voting and participation in all acts of the National Assembly, although article 13 of the Treaty of St. Germain lays down: „Toutefois ces deputés ne jouiront pas du droit de vote dans

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