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Trends in the Development of the European Constitutionalism and the contemporary Czech Republic

Publication at Faculty of Law |
2018

Abstract

Constitutional development in Europe is characterized by high dynamism. The relatively peaceful last decade of life, accompanied by a certain economic prosperity, allows the implementation of constitutional changes brought by the natural development of the state (Constitution of Switzerland in 1999).

However, cases in which the winner of parliamentary elections refuses to seek a reasonable constitutional compromise with the opposition and quickly enforces his constitutional vision, but with the risk that such constitutional text will be subject of revision with every change of the constitutional majority (the Hungarian Constitution of 2011). The constitutional laboratory of Europe is Italy for a long time, but two radical constitutional reforms negotiated and approved by parliament that should help to overcome the protracted social crisis in the country were rejected in referendums (2006, 2016).

The quarter century of the independent existence of the Czech Republic and the validity of its Constitution have shown that the Czech Republic is a standard parliamentary republic with the working basic law. However, some of its provisions are repeatedly exposed to pressures and attempts to change their interpretation, particularly as a result of partial failures of the political system and its actors.