Cancellation of early elections by the Constitutional Court of the Czech Republic: Beginning of a New Concept of “Protection of Constitutionality”


Abstract
The ruling of the Constitutional Court of 10 September 2009 which repealed the proclaimed early elections to the Chamber of Deputies because of their alleged unconstitutionality fully manifests unjustifiability of the interference by the Constitutional Court of the Czech Republic. The decision directly interfered with the process of democratic re-establishment of the Chamber of Deputies. At the same time, the Court´s intervention was only made possible by violating a number of constitutionally prescribed rules. Finally, the respective ruling could not be issued without a “creative approach” on the part of the Constitutional Court towards the rules governing procedures before the Court. The approach eventually resulted in the violation of principles of fair trial – before a body that should guarantee them. The paper analyses in detail various individual aspects of the case, from general issues of the division of power and contents of the mandate of deputies to individual procedural stages before the Constitutional Court
Keywords material core of the constitution  early elections  sovereignty of the people  atšaukti rinkimai  materialus konstitucijos pagrindas  constitutional system  Čekijos Respublika  pirmalaikiai rinkimai  repealed elections  konstitucinė teisė  tautos suverenitetas  constitutional law  konstitucinė sistema  Czech Republic
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