The course deals with the fundamental features of the Czech constitutional system. First of all, it analyses the historical roots of the current Czech constitutionalism and studies the position of main constitutional bodies and their mutual relations in the system of government (Parliament, Government, President of the Republic, Constitutional Court, etc.). After this institutional introduction, various aspects of the substantive human rights protection in the Czech Republic are addressed.
Poslední úprava: Chromá Marta, doc. PhDr., Ph.D. (29.10.2019)
Constitutional law is a field of law that legally anchors and defines the basic issues of the relationship between the individual on the one hand and society and public power on the other. These are questions of the first place of securing the fundamental rights and freedoms of the individual, whether against their abuse or violation by other individuals or by the public authorities and their bodies and bearers. It also concerns questions of the source of public power and the possible scope of its exercise, as well as participation in it by the individual, and its control. Other areas of interest in constitutional law include the determination of the basic structure of public power, its distribution, the links and relations between its various components, as well as the determination of the mechanisms of their mutual control.
The course "Constitutional System of the Czech Republic as a Part of European Constitutional Tradition" focuses on the described issues de constitutione lata, or their interpretation within the framework of positive legal regulation, i.e. the current framework of the constitutional order and the norms immediately following and developing it. Attention will be paid to both the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms, while their individual institutes will be interpreted in the context not only of the laws that implement the constitutional order, but also of the current case law of the Constitutional Court of the Czech Republic. All this in the context and comparison within the legal rules of both the Council of Europe and the European Union, or their member states.
Organisation and Management of the Course: Doc. JUDr. Jan Kudrna, Ph.D.; e-mail: kudrnaj@prf.cuni.cz
Poslední úprava: Marešová Svatava, Ing. (13.03.2024)
Rekvizity pro virtuální mobilitu - angličtina
None
Poslední úprava: Kohout David, JUDr., Ph.D. (30.06.2022)
1) Introductory Information; Roots of the Contemporary Constitutional System of the Czech Republic (Kudrna)
2) Sources of Law in the Czech Republic; International Law and European Law + Parliament and the Legislative procedure (Preuss)
3) Elections in the Context of Constitutional Law of the Czech Republic (Antoš)
4) The President and the Government in the Parliamentary System of the Czech Republic (Kindlová)
5) Institutional Protection of Human Rights – the Constitutional Court (Kindlová)
6) Institutional Protection of Human Rights – the Judiciary and the Public Defender of Rights (Řepa)
7) Freedom of Assembly etc. (Kudrna)
8) Socio-economical rights and their Interpretation by the Constitutional Court. (Antoš)
9) Fundamental Rights and Freedoms, the Right to Judicial and Other Legal Protection in Charter and in the Decisions of the Constitutional Court. (Grinc)
10) Political Rights in the Czech Republic (Kindlová)
11) Transformation of the Constitutional System; Selected Topical Problems – Sample Study: Lustrations (Kudrna)
12) Examination
Course Materials:
· The Introduction to the Czech Constitutional Law (a course-book)
· Kudrna, Jan: Dissolution of the Chamber of Deputies in the Czech Republic – the Origin and Essence of Applicable Constitutional Legislation, available at http://bit.ly/rozpousteni
· Kudrna, Jan: Cancellation of early elections by the Constitutional Court of the Czech Republic: Beginning of a New Concept of “Protection of Constitutionality”, available at http://bit.ly/cancel-elections
. Kudrna, Jan: The Question of Conducting Direct Elections of the President in the Czech Republic (A Live Issue for Already 20 Years) available at http://bit.ly/direct-president
Poslední úprava: Kohout David, JUDr., Ph.D. (30.06.2022)
Introductory Information; Roots and Main Features of the Contemporary Constitutional System of the Czech Republic (Kudrna)
Sources of Law in the Czech Republic; International Law and European Law, Parliament and the Legislative procedure (Preuss)
Elections in the Context of Constitutional Law of the Czech Republic (Antoš)
The President and the Government in the Parliamentary System of the Czech Republic (Kindlová)
Institutional Protection of Human Rights – the Judiciary and the Public Defender of Rights (Řepa)
Institutional Protection of Human Rights – the Constitutional Court (Kindlová)
Political Rights in the Czech Republic (Kindlová)
Political Rights in the Czech Republic and the example of Freedom of Assembly (Kudrna)
Socio-economical rights and their Interpretation by the Constitutional Court (Antoš)
Fundamental Rights and Freedoms, the Right to Judicial and Other Legal Protection in the Charter and in the Decisions of the Constitutional Court. (Grinc)
Examination (Kudrna)
Course Materials:
The Introduction to the Czech Constitutional Law (a course-book – updated through the articles below)
The Constitution of the Czech Republic
The Charter of Fundamental Rights and Freedoms
Antoš, Marek, Horák, Filip: Proportionality Means Proportionality : Czech Constitutional Court, 2 February 2021, Pl. ÚS 44/17: https://doi.org/10.1017/S1574019621000328
Kindlová, Miluše, Preuss, Ondřej: Conscientious Objection to Compulsory Vaccination? Lessons from the Case-Law of the European Court of Human Rights and a Test Employed by the Czech Constitutional Court: https://doi.org/10.1515/icl-2022-0007
Kudrna, Jan: The possibilities of combating so-called disinformation in the context of the European Union legal framework and of constitutional guarantees of freedom of expression in the European Union member states: http://dx.doi.org/10.13165/j.icj.2022.12.002
Kudrna, Jan: The importance of well-adjusted public regulations and the impact of deficiencies on the functioning of the state in crisis situations – the example of the Czech Republic in the European Constitutional Context: http://dx.doi.org/10.13165/j.icj.2023.06.004
Final Examination:
The course concludes with a written exam consisting of open-ended questions of varying degrees of difficulty which must be answered briefly but concisely. The exam tests basic, but not detailed, knowledge of the constitutional system of the Czech Republic. Regular attendance at lectures is important.
Means of Communication:
MS Teams
Poslední úprava: Marešová Svatava, Ing. (13.03.2024)
Výsledky učení - angličtina
The course Czech Constitutional System as a Part of European Constitutional Tradition aims to provide students with a comprehensive understanding of the development, structure, and functioning of the Czech constitutional system within the broader context of European constitutionalism. Students will examine the historical roots of constitutional traditions in Europe and their influence on the establishment and evolution of the Czech Republic’s constitutional order after 1989.
The course focuses on key constitutional principles such as the rule of law, separation of powers, protection of fundamental rights, and the role of constitutional justice. Students will learn to analyze the interaction between national and supranational legal systems, especially the relationship between the Czech Constitution, EU law, and the European Convention on Human Rights.
The objective is to develop students’ ability to interpret constitutional norms, critically evaluate constitutional practice, and understand the specific features of post-communist constitutional transformation. Emphasis is placed on cultivating analytical thinking, argumentation skills, and awareness of shared European constitutional values.
Poslední úprava: Kudrna Jan, doc. JUDr., Ph.D. (28.10.2025)
