Abstract
Czech Constitutional Court's judgment known as Melčák provoked a debate not only over the hierarchy in the Czech constitutional order, but also over the powers of the Constitutional Court. In order to deduce these powers there needs to be a possibility of constitutional revision, as well as the separation of original and derived constitution-maker, existence of a body overseeing the revisions, existence of constitutional and supra-constitutional principles and special requirements for constitutional revision.
If we wish to assess thoroughly the question of exceeding these powers, we need to analyse the situation in comparable countries. Until now, the Constitutional Courts of Austria, Lithuania and Romania have repealed constitutional acts.
While the Romanian Constitution explicitly presumes this type of annulment, Austrian and Lithuanian courts had to 'find' their powers and thus their judgments are capable of comparing with Melčák. In the end, the author reaches the conclusion that judgment Melčák is not unique and there are more courts to be found, which have the potential to repeal constitutional act and which have yet not had the rightl opportunity to do so.