Page:The Constitution of the Czechoslovak Republic.pdf/17

From Wikisource
Jump to navigation Jump to search
This page has been validated.

the setting up of a permanent Committee—two-thirds of the members of which are taken from the House of Deputies and one-third from the Senate—which shall take the place of the National Assembly when the latter is unable to sit. Governmental and executive authority is thus, in principle, devoid of such power as was possessed, for example, by the Government of the former Austrian Empire in virtue of the notorious Article XIV of the law relating to the representation of the Empire. The Charter of the Constitution does not permit the Government of our state to remain for one moment without the control, nor yet without the aid of the legislative body.

The President of the Republic, it is true, has been conceded certain prerogatives in respect of the National Assembly: it is he who convokes, prorogues, terminates, and dissolves parliament; but strict limits have been set, in the interests of parliament, to these prerogatives (par. 28—31 of the Charter of the Constitution). The President is bound to convoke parliament at least twice a year to regular sessions; besides which he may summon it to extraordinary sessions if need be. On the request of a qualified majority of either chamber, both chambers assemble, if necessary automatically, at the summons of their respective presidents, without regard to the wishes of the President of the Republic. The Charter of the Constitution protects in this matter even parliamentary minorities, for they too have the right to demand the convocation of parliament and if the President of the Republic take no steps to this end the parliament meets automatically within a certain period on the summons of its presidents. This provision (par. 28 of the Charter of the Constitution) proves how our State protects a minority in a sphere so sensitive as is that of parliament. A minority has the right to compel the summoning of parliament!

The President of the Republic is entitled to return, with his observation thereon, any law passed by the National Assembly (§ 47 of the Charter of the Costitution). In spite of the veto of the President the Assembly may promulgate the law in its original form with the assent of an absolute majority of both houses (or otherwise under the special conditions set out in § 48 of the Charter of the Constitution).

It is appropriate here to point out that the Charter of the Constitution is placed in its entirety under the special and effective protection of a Constitutional Court. It is intended that the Charter of the Constitution be the foundation stone of the whole life of the state, the fountain of the rights of all citizens. An ordinary law may not conflict with the Constitution without becoming null and void. The judgment of the Constitutional Court declaring a law invalid causes it or its defective part to lose its binding force for the future. This institution likewise serves as a protection of the rights of minorities whether racial or religious.

15