The Constitutional Court was composed of seven justices, three of whom were nominated by the President of the Republic, including the President of the Court. Two of the remaining four were taken from the ranks of the judges of the Supreme Court, and the other two from the Supreme Administrative Court. The application for a constitutional review in individual cases was reserved to the Supreme Court, the Supreme Administrative Court, the Electoral Court and to both Chambers of the National Assembly. There was a time-limit for filing the application: it was possible to review an individual Act within a period of three years after it had been promulgated. However, the Constitutional Court was not functioning properly within the Czechoslovak constitutional system between the World Wars. Soon after its first members were appointed, serious political obstacles to its activities became clearly visible, and the Court was not fully operative for most of its first term. There were practically no proposals to start proceedings before the Court regarding constitutional review of the Acts of Parliament. There was an attempt to promote the significance of the Constitutional Court between 1937 and 1938, when the Czechoslovak Government was seeking a certain modus vivendi regarding national minorities.227 It was proposed by the Government headed by Milan Hodža (within the draft of the Statutes of National Minorities) that the Constitutional Court would serve as a guarantor of minority rights, i.e. the Constitutional Court would deal with petitions in individual cases.228 Should Parliament not sit, both Chambers elected a specific “Permanent Committee” consisting of twenty-four members, sixteen of whom were from the Chamber of Deputies. This Committee was entrusted with passing legislation in the form of emergency provisions proposed by the Government and approved by the President. There were certain limits: for example, it was forbidden within such a regime to alter or amend the Constitution, and adopted provisions must have been approved by a subsequent full Parliament. The Constitutional Charter stipulated that Government decrees (or by-laws) would be issued only under the law and within its limits and provisions. However in practice, particularly in the 1930s, the legislative power of Parliament was bypassed through the introduction of so-called “entrusted” or delegated legislation. This type of legislation was used for the first time in the 1920s, when the democratic character of the state was endangered by the radical Communist left, and, subsequently, in the beginning of the 1930s in order to cope with economic problems of the Great Depression and political 227 See especially Policy Statement of the Czechoslovak Government on its Nationality Policies, February 20, 1937, Beneš, Z. – Kural, V. (eds.): Facing history: the evolution of Czech-German relations in the Czech provinces, 1848–1948, document No. 3, pp. 298–299. 228 Kuklík, J. – Němeček, J.: Od národnostního státu ke státu národností? Národnostní statut a snahy o řešení menšinové otázky v Československu v roce 1938. Prague: Nakladatelství Karolinum, 2013, pp. 48 and 315.
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threats from Nazi ideology. Despite these legislative “concessions”, Czechoslovakia was the only nation in the region retaining its democratic character and parliamentary democracy during the whole period between WWI and WWII. The executive power was divided between the President of the Republic and the Government. The President was elected by both Chambers of the National Assembly for a term of seven years, with one re-election permitted by the Constitution. However, Tomáš Masaryk was re-elected four times, since he was seen as a key figure of independent Czechoslovakia. Powers granted by the Constitution enabled the President to significantly influence the politics of the state. The President was not legally responsible for his political acts; the only exception was impeachment for high treason, with this action being filed by the House of Deputies and the proceedings being carried out by the Senate. The President was the head of state; he represented the state in its foreign relations, possessing the right to negotiate and ratify international treaties. Presidential prerogatives included receiving and appointing diplomatic representatives, declaring a state of war (together with the Parliament), reporting to the National Assembly on the state of the Republic, appointing university professors, judges, state officials and military officers of certain ranks and granting amnesties and pardons. The Constitution contained important provisions regulating mutual relations between the President and the Government. The President had the right to appoint and dismiss the Prime Minister and Government Ministers, including the right to decide on the number of the latter. He had the right to preside over Government meetings, if present. On the other hand, the Government was responsible for implementing decisions and performing the administrative acts of the President. Each administrative act of the President was to bear the signature of a member of the Government who was responsible for its execution. The Government was answerable to the Chamber of Deputies, which could take a vote of no confidence. The motion had to be signed by a minimum of one hundred Deputies, and it was necessary to reach a simple majority of those Deputies present, providing that more than one hundred fifty members of the House were present. However, this procedure was never used during the interwar period, because the Government was usually dismissed by the President during political crises; in such cases, the President appointed a caretaker or semi-political Government for the interim period. Due to the system of proportional representation applicable during the interwar period, the Czechoslovak Government was always formed by a coalition of the main Czechoslovak political parties. After 1920 the coalition was agreed by the Republican Party of Peasants (the Agrarian Party), the Czechoslovak Social Democratic Party (without the Communists who left in 1920 and established their own party), the Czechoslovak National Socialist Party, 12. CONSTITUTIONAL DEVELOPMENT OF THE FIRST CZECHOSLOVAK REPUBLIC – 99 –
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the Czechoslovak People’sʼ Party (the Catholic Party) and the Czechoslovak National Democratic Party. The leading representatives of these parties met before Government meetings and resolved on key problems. Such gatherings were known as “the Five”. Decisions of the Five went smoothly through the Government and Parliament. The system was abandoned in 1925: Sudeten German politicians decided to cooperate with the Czechoslovak Government and the German civil parties took part in the Government; as a result the Czechoslovak socialist parties were excluded. This was the moment when the Sudeten Germans gave up, for the first time, their negativism towards the Czechoslovak Republic and started to participate actively in public life. Title Four of the Constitution governed the judicial branch. Basic principles were guaranteed, including the independent judicial system, built essentially upon public proceedings and ordinary courts. The Constitution stipulated an important principle that no one should be tried by a judge other than that assigned by law. A single Supreme Court of Justice was established for the whole territory of the Czechoslovak Republic, with a special department for Slovakia to reflect the dual legal system. Judicial power in all courts was to be separated from administrative power; however, this principle was not fully applied in practice as courts were in many respects, e.g. in financial, personal and administrative matters, responsible to the Ministry of Justice, and the Austrian Act on Administration of Courts, from 1896, remained in force and applicable. Moreover, presidents of individual courts had wide disciplinary powers over the judges of their respective courts. The Constitution stipulated that judges were independent and only bound by the law in their decision-making. They were appointed for life by the President of the Republic and could not be transferred, dismissed or retired against their will. However, amendments to the original Austrian laws on the judiciary set exceptions. Judges could be transferred should a new judicial organization be introduced. Their dismissal was permitted on the grounds of disciplinary proceedings, and there was also an age limit for retirement. Judges were not allowed to perform other paid functions. Judgments were delivered in the name of the Czechoslovak Republic, with proceedings being oral and open to the public. Judgments in criminal matters were always declared in public. The Constitution set some other principles for court proceedings, including the basic principles for trial by jury. The Constitution of 1920, in Title Five, which was called “Rights, Liberties and Duties of the Citizens”, guaranteed a wide range of civil rights and freedoms. The leading principle was the principle of equality before the law, irrespective of oneʼ’s origin, nation and language affiliation, race or religion. Privileges based on gender, birth or occupation were not recognized. This provision was closely connected with new democratic tendencies of the – 100 –
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