Vliv přímé prezidentské volby na celistvost zahraniční politiky České republiky
Vliv přímé prezidentské volby na celistvost zahraniční politiky České republiky
Author(s): Jindřiška SyllováSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: constitution; President; Czech Republic; international treaties; foreign affairs; government; prime minister
Summary/Abstract: Although the President of the Czech Republic according to the constitutional formulation (art. 63) represents the state abroad, his real function is limited due to the fact that this competence must be countersigned by the Prime minister. Professor Weyr stated that the external representation means <i>“representation in the overall diplomatic and political purposes (…) in various official and ceremonial occasions as head of state”.</i> In practice, foreign policy has been till now in principle in the competence of the government, including negotiating of international treaties. The government has been equipped by the adequate administrative and diplomatic apparatus for implementing the foreign policy. The direct election of the President may have a substantial impact on the interpretation of constitutional provisions dealing with the foreign policy. The discrepancies of the foreign policy between the President and the Prime Minister, that have been under the indirect election hidden by the cooperative style of coordination, may be enhanced in several aspects. We can expect an increasing number of interference of the President into negotiating of international treaties. Also the President’s power to ratify the international treaties may become more arbitrary.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 57/2011
- Issue No: 4
- Page Range: 43-52
- Page Count: 10
- Language: Czech