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The circumstances of the creation of the Constitution of the Czech Republic

Publication at Faculty of Law |
2022

Abstract

The paper deals with the issue of formation of the Constitution of the Czech Republic. As the sources of this process are limited and fragmented, the aim of this paper is to point out some of its important and not well-known circumstances.

Emphasis is placed on the issue of entities participating in the preparation of the Constitution. There were two distinct commissions that were set up for this purpose and that played different roles in the process.

However, there were also other actors with influence on the future impetus of the Constitution, whether it was other institutions or important individuals. The paper also mentions specific historical circumstances that undoubtedly had an impact on the process of the creation of the Constitution as they determined the time frame in which the Constitution had to be drawn up and approved.

The question of the legitimacy of this process is also outlined here. As is the case with the preparation of other regulations for which it is necessary to ensure broad support among legislators, it was necessary to resort to compromises, which are equally given space in this article.