Rozhodování ústavního soudu v kontextu vývoje parlamentarismu v ČR
Decisions of the Constitutional Court in the Context of a Development of Parliamentarism in the Czech Republic

Summary/Abstract: This article deals with a possible impact of relevant substantial decisions of the Constitutional Court on a development of parliamentary form of government in the Czech Republic. In the first part the author defines a theoretical framework of parliamentarism and presents an implicit model of this form of government. In the \next part, the role of the constitutional courts in the post-war period is discussed. The author describes differences between the European and the US model of the judicial control of constitutionality of legislation and a specific development in postcommunist countries. The fundamental part of the article provides an empirical analysis of three constitutional court decisions influencing a development of parliamentary form of government in the Czech Republic. The most influential decisions are related to the electoral system, the characteristics of the parliamentary mandate and use of special legislative procedures in the Chamber of Deputies. Main findings of the analysis are as follows: the Constitutional Court in the Czech Republic decided respective cases in a way that it activates needed political engagements, which means that the court is a source of a specific dynamism in the Czech politics. The next finding is that the Constitutional Court is not a source of “judicialization” of the decisions in politics because its decisions are initiated by politicians, usually by the minority in parliament.

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