The Czechoslovak Review/Volume 4/Number 6/The Constitution

The Constitution

The Constitution of the Czechoslovak Republic is a thoroughly modern document—a typical product of the times. Throughout the rights of the whole people are protected against usurpation by those in power, while the interests of the minorities, though preserved, are subordinated to the welfare of the majority. In the last analysis we find the power of government rests solely in the hands that issued it—the people. While by no means perfect, according to American experiences and standards, yet it throws abundant light on the mental and spiritual attitude of a nation in the midst of cross-currents of European politics and deeply imbedded in the mire of economic disorganization from which it is gradually emerging.

Legislative.

The National Assembly consists of the Chamber of Deputies, with 300 members, and the Senate, with 150 members. The two bodies are coordinate—both may initiate legislation—yet the Senate is amenable to the lower house which may override any rejection by the upper house.

Citizens over 30 years of age are eligible to the Chamber of Deputies; and, all citizens over 21 years of age may vote for Deputies.

Citizens over 45 years of age are eligible to the Senate; and, all citizens over 26 years of age may vote for Senators.

Another distinction is found in the terms of service; Deputies are chosen for six years, while Senators serve eight years. No bill passed by one house may become law, unless it is accepted by the other, except, however, that the Chamber of Deputies may override the nonconcurrence of the Senate, or when the Chamber of Deputies fails to reject, by a stated vote, a Senate proposition.

When the Chamber of Deputies passes a bill, it is sent to the Senate, which has six weeks on ordinary bills and one month on budgets and defense bills, to act. Senate fails to reject within the specified time a proposal of the lower house, it is deemed to have assented to the proposed legislation.

If the Senate passes a bill, it is sent to the Chamber of Deputies which has three months to act on Senate bills. If it fails to act within the specified time it is deemed to have accepted the proposed legislation.

A novel feature of the Czechoslovak Constitution is the provision giving effect to bills passed by one house and rejected by the other. Thus, if the Chamber of Deputies originates and passes a bill which the Senate rejects, it will be deemed as passed by the National Assembly provided the Chamber of Deputies (1) repasses it by a majority membership vote in ordinary instances, or, (2) if the Chamber of Deputies repasses the bill by a three-fifths membership vote in those cases where the Senate rejected the proposed legislation by a three-fourths membership vote.

Likewise, if the Chamber of Deputies rejects a bill of the Senate, and the Senate repasses the bill, it is again sent to the lower house and is deemed to have passed the National Assembly, unless the Chamber of Deputies again rejects it by a majority membership vote, in which case it is “dead” for one year.

The government may introduce legislation in the National Assembly, which, thereupon, takes the ordinary course. However, if the National Assembly refuses to give its assent to a measure sponsored by the government, the latter may appeal directly to the voters, if the government unanimously so decides, who by ballot determine the fate of the bill.

A veto by the President of a bill passed by the National Assembly may be overridden, provided a membership majority vote is secured in each house.

To bring the President or any member of the government (cabinet) before the Senate for trial, it is necessary that the Chamber of Deputies approve charges when two thirds of its membership is present by a two-thirds vote of those present.To declare war a three-fifths vote of all the members in each house is necessary.

Two sessions of the National Assembly are held annually—in March and in October. One third of the membership in each house constitutes a quorum and to pass bills a majority of those present must vote affirmatively. Budget and defense bills must originate in the Chamber of deputy. The President determines over Deputies.

The President has power to dissolve the National Assembly, or either house, but he must call an election within sixty days after dissolution.

The Executive Branch.

The President and the government (cabinet) are the executive branch of the Czechoslovak Republic. The government (cabinet) is responsible for utterances of the President.

(a) The President.

The President is elected for seven years and cannot serve more than two successive terms. However, he may again be elected after the expiration of a seven year period. An exception to this provision is made in the case of President Masaryk.

The President represents the state in foreign affairs; negotiates and ratifies international treaties. Financial, military, commercial and territorial engagements require the assent of the National Assembly. He receives and accredits diplomativ representatives; proclaims a state of war; declares war when consent of the National Assembly is obtained; convenes, prorogues and dissolves the National Assembly and declares its sessions ended; approves or vetoes bills passed by the National Assembly; presents to the National Assembly such messages he thinks proper; appoints, dismisses and determines the number of ministers (cabinet); appoints all professors of universities, and civil and military officers above certain grades; makes grants and allows pensions upon the recommendation of the government (cabinet), is commander in chief of all armed forces; and grants pardons and amnesties.

If the President is unable to discharge his duties by reason of illness or other disability for six months, or, in case of death, the government (cabinet) by a three-fourths membership vote designates an acting President for the duration of the illness or incapacity, or, for the balance of the term.

(b) The Government.

The President names and removes all members of the cabinet which as a bodyconstitutes the “government”, and of which the premier is chairman. No minister may engage in business for profit. The cabinet selects from its members the President’s which department each minister shall preside. The government is responsible to thember of Deputies which, when a ma- jority membership is present, may by a majority vote express or refuse a vote of confidence in the government. Before a motion to declare lack of confidence may be put, it must be signed by 100 Deputies and reported by a committee within eight days. If the Chamber of Deputies votes lack of confidence, or refuses a vote of con- fidence, upon request of the government, then the government (cabinet) must resign immediately and the President determines who shall conduct the affairs of the state in the interim. The government (cabinet), as a body. determines regarding (1) bills to be offered by the government for consideration by the National Assem- bly; governmental regulations; and makes recommendations to the President on bills passed by the National Assembly. (2) all matters of a political nature. (3) appointing judges, state officials and officers of the armed forces in so far as concerns central offices; and makes recommendations regarding ap- pointments the President is authorized to make (Sect. 64, sub. 8). If any member of the government (cab- inet) wilfully or through gross negligence. disregards any provision of the Constitu- tion, or of any law, he is liable to prosecu- tion which must be initiated by the Cham- ber of Deputies and the trial held by the Senate sitting as a high court. Judiciary. The judicial power is vested in the state courts and is always separate and distinct from the administrative branch. The Sup- reme Court passes on all questions except constitutional problems which are reserv- ed for a special court, called the Constitu- tional Court. No one may be forced to ap- pear before any court or tribunal except the one having jurisdiction. Civil actions must be determined before regular civil courts or courts of arbitration. Criminal jurisdiction is vested in the crim- inal courts, except in those cases or offenses assigned to the military courts, and except in those instances which may be dealt with summarily by the police or settled by a financial compromise. The jury trial of causes is regulated by law and may be suspended only in those cases designated by law. In times of war jurisdiction of the military tribunals may be extended over the civil population and then only for offenses committed during the period of the war.

The qualifications of judges are determined by law and they may not hold anyother position of emolument, provided they are “professional” judges. All controversies must be decided pursuant to the provisions of the law. All sessions of the courts must be oral and public, but in certain cases the public may be excluded. All judgements are rendered in the name of the Republic.

The judges, in a given case, may determine all the legal points, except that they cannot pass upon the constitutionality of a law, for that question is reserved, by the constitution, for the Constitutional Court.

Rights, Privileges and Duties of Citizens.

The Czechoslovak Constitution guarantees personal liberty; liberty of conscience and profession; equal protection to all inhabitants; rights of settlement, except as restricted in the interests of public welfare; private ownership, except that expropriation may be undertaken in compliance with the law and when compensation is awarded; rights of the home; secrecy of mails; liberty of the press, liberty of individual opinion, and liberty of assemblage, provided it is without arms; right to associate for protection and betterment of conditions and economic interests, except that non-citizensmay be restricted in political affairs; right to petition; and free scientific investigations and art studies, provided they do not overstep the provisions of the criminal law.

Before the law all citizens are equal regardless of race, language or religion; all religious confessions are equal and no one may be compelled to participate in any religious practices; public instruction must not conflict with scientific researches; the marriage relation, the family and motherhood are under state protection; and every physically fit citizen must obey the call to defend the state.

All citizens may freely employ any language in private or commercial relations, in religion, in the press or other publications, or, in public assemblies; the right to a definite language in public offices is regulated by law. Forcible denationalization is prohibited.

In districts where non-Czechoslovak speaking citizens form 20 per cent of the population, opportunity for instruction, at public expense, in such non-Czechoslovak tongue is assured. Almost similar provisions are made for the maintenance of educational, religious and charitable institutions.

Outstanding Features.

The reader is instantly impressed with two currents of thought emphasised forcibly in this instrument—one is the American system and the other is the French system of government. The sincerity of the framers is at all times evident and their goal is democracy.

In direct contrast to the current tendency, at least in the United States, the constitution is singularly free from recall and referendum provisions, except in one particular. If the government proposes a measure to the National Assembly for enactment and this body rejects it, then the government may go before the voters to have them finally pass upon the bill. To all intents rather a wise provision, whereby the sentiment of the country may readily and ac- curately be ascertained.

However, the power of government is centralized in the Chamber of Deputies, the lower and popular house of the National Assembly. This is evident everywhere, but the Senate is designed to act as a check to recklessness and extravagance. Contrasting the powers of the President with those of similar officers in France and America we find that they are enlarged over the French and considerably curtailed as granted in America.

The rights, privileges and duties of the inhabitants are amply safeguarded and enumerated. Taking lesson from other experiences, the rights of non-citizens, in political fields, may be restricted by law. An excellent proviso to discourage outsiders from meddling in the internal affairs of the nation.

On the whole the Constitution is not as radical as expected by some, principally those who feared the participation of the Socialists in its drafting, but on the other hand it is not as conservative as still others would have prefered. In a word its tendency is progressive.

Exceedingly simple, concise and direct in its construction and concept it is a model document emanating from a long oppressed, severely tried, long patient and heroic people who “stand like castle walls, their vested rights asserting”. The wonder is that its provisions are so liberal.