A look behind the curtain: two essays on the formation of the Czech Constitution and the context of its interpretation
Abstract
The drafting of the Czech Constitution, as well as its interpretation by the Constitutional Court, has been largely overlooked and under reported from the perspective of law and politics. Not even over a period of twenty-five years, ever since the adoption of the Constitution of the Czech Republic, have the circumstances of its formulation been sufficiently illuminated.
Therefore, the constitutional drafting and adoption process is still shrouded in myth and mutually conflicting claims that make the understanding of those conditions, under which the Constitution arose, difficult if not impossible. The first part of this book presents the conclusions of interviews conducted by students of the Faculty of Law of Charles University with the members of both of the commissions that were involved in the governmental proposition of the Constitution.
In the second part of this book, the author analyses the possible influence of judges' ideological views on the Czech Constitutional court decision making.