Zapomenuté inspirace a aspirace Ústavy ČR
Forgotten inspirations and aspirations of the Constitution of the Czech Republic

to the 10th Anniver­sary of Adopting the Constitution of the Czech Republic

Summary/Abstract: On December 16, 2002, we will commemorate the 10th anniversary of the adoption of the Constitution of the Czech Republic. The path to its adoption was difficult both in terms of the issue itself and in terms of the circumstances in which the preparation took place. Its drafters (government commissions and commissions of the presidency of the Czech National Council) and actors in the process of preparation and adoption (government, deputies of the Czech National Council, Legislative Council of the Government, experts) had to go through a rather tumultuous path to its final form. At the same time, the preparation of our Constitution is a rather neglected, and yet very important aspect of our constitutional history. In other countries, preparatory work (travaux préparatoires) on constitutions is an important source of knowledge not only of the history of the constitution, but also of an important aid in understanding the meaning of the individual provisions of the constitution. In the Czech Republic, such a historical interpretation (original intenci, occasio constitutionis) is significantly neglected. This also leads to some distortions of the circumstances in which the Constitution of the Czech Republic was prepared and prevents a better understanding of the meaning of a number of provisions that are still being discussed today. By comparing the individual versions of the draft Constitution from the Government Principles for its Preparation of 18 July 1992 to the Government Draft of November 1992 to the final version of 16 December 1992, we can therefore gain a number of valuable findings. However, this paper would like to remind you that a number of current solutions to the Constitution of the Czech Republic were created even before the Czech government appointed its Commission for the Preparation of the Constitution of the Czech Republic on 10 July 1992 after the elections. At the same time, the Commission of the Presidency of the Czech National Council for the Preparation of the Constitution of the Czech Republic also started its activities

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