Is the Constitution always what the Constitutional Court says that it is? Cover Image

Je Ústavou vždy to, co Ústavní soud řekne, že Ústava je?
Is the Constitution always what the Constitutional Court says that it is?

Author(s): Zdeněk Kühn, Jan Kysela
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: Constitution;Constitutional Court;

Summary/Abstract: So far, clearly the most important amendment to the Czech Constitution promulgated under No. 395/2001 Coll. (hereinafter "Euronovela") undoubtedly brought with it problems of interpretation. It was assumed that sooner or later they would be resolved by the general judiciary and in particular by the Constitutional Court. The Constitutional Court ruled on Euronovele several weeks after it entered into force (Judgment of the Plenum of the Constitutional Court of 25 June 2002, promulgated on 6 September 2002 in Volume 142 of the Collection of Laws under No. 403/2002 Coll.). Unfortunately, with its decision, the Constitutional Court did not solve any of the announced problems, it only raised further questions not only about the significance of Euronovela, but also about the constitutional limits of the interpretation of the Constitution in general.

  • Issue Year: 10/2002
  • Issue No: 3
  • Page Range: 199-214
  • Page Count: 16
  • Language: Czech