The Czechoslovak Review/Volume 4/Constitution of Czechoslovakia (1)

by National Assembly of the Czechoslovak Republic

For other English-language translations of this work, see Constitution of the Czechoslovak Republic (1920).

Constitution of Czechoslovakia

Adopted by the National Assembly on February 29, approved by the President on March 5, 1920.

Preamble.

We, the Czechoslovak nation, in order to form a more perfect union of the nation, establish justice and order in the Republic, insure tranquil development of the Czechoslovak homeland, promote the general welfare of all the citizens of this state and secure the blessings of liberty to future generations, have adopted in our National Assembly on the 29th day of February, 1920, a constitution for the Czechoslovak Republic, the text of which follows. On this occasion, we the Czechoslovak nation, declare that we shall endeavor to have this constitution and all laws of our land carried out in the spirit of our history and also in the spirit of modern principles, contained in the word self-determination; for we desire to join the society of nations as an enlightened, peaceful, democratic and progressive member.

Enabling Provisions.

1. Laws in conflict with the constitution, the fundamental laws which are a part of it, and laws which may supplement or a mend it are void.

The constitution and the fundamental laws which are a part of it may be changed or supplemented only by laws designated as constitutional laws.

II. The constitutional court decides, whether laws of the Czechoslovak Republic and laws of the diet of Carpathian Russia comply with article I.

III. The constitutional court consists of seven members. The supreme administrative court and the supreme court cach designate two members. The remaining two members together with the president of the court are appointed by the president of the Republic.

Regulation of the manner in which the two above mentioned courts select members of the constitutional court, its functioning, rules of procedure and effects of its judgements is determined by law.

IV. The existing National Assembly shall remain in session, until the chamber of deputies and the senate are constituted.

Laws adopted by this National Assembly, but not proclaimed on the day when the chamber of deputies and the senate are constituted, may not go into effect, if returned by the president of the Republic to the National Assembly.

As to the term, set by the provisional constitution for the exercise of the right of the president of the Republic according to section 11 and for the duty to proclaim the adopted law, the laws passed by the existing National Assembly shall be governed by the provisional constitution.

V. The present president remains in office, until a new election has taken place. From the day on which this constitution goes into effect he shall possess the rights herein granted.

VI. Until there is elected the full number of members of the chamber of deputies and the senate provided for in the constitution, the number of members actually elected shall be applied to determine the quorum of deputies and senators required by the constitution.

VII. Provisions of article I., II. and III. (paragraph 1) form a part of the constitution in accordance with section 33 of this instrument.

Enabling laws referred to in the constitution are not a part of this instrument within the scope of section 1, unless otherwise expressly stated by the constitution.

VIII. The constitution hereto attached goes into effect on the day of its proclamation.

Section 20 of the constitution does not apply to members of the existing National Assembly.

IX. On the day stated in paragraph 1 of section VIII. all ordinances in conflict with the constitution and the republican form of government, as well as all former constitutional laws, even though some of their provisions may not be in conflict with the fundamental laws of the Czechoslovak Republic, become void.

X. This law goes into effect simultaneously with the constitution, and the government is charged with carrying out this law and the constitution.

I. GENERAL PROVISIONS OF THE CONSTITUTION.

1. The people are the only source of all state authority in the Czechoslovak Republic.

The constitution determines through what organs the sovereign people adopt laws, carry them out and find justice. The constitution also sets the limits which these organs may not exceed, so that the constitutionally guaranteed rights of citizens may be protected.

2. The Czechoslovak State is a democratic republic at the head of which is an elected president.

3. The territory of the Czechoslovak Republic forms an unitary and indivisible whole, the frontiers of which may be changed only by fundamental law.

An indivisible part of this whole, on the basis of voluntary union in accordance with the treaty between the Allied and Associated Powers and the Czechoslovak Republic in Saint-Germain-en-Laye Semptember 10, 1919, is the autonomous territory of Carpathian Russia which will receive the widest autonomy compatible with the unity of the Czechoslovak Republic.

Carpathian Russia has its own diet which elects its own officers.

The diet of Carpathian Russia is competent to make laws in matters of language, instruction, religion, local administration, as well as in other matters which may be assigned to it by the laws of the Czechoslovak Republic. Laws adopted by the diet of Carpathian Russia and signed by the president of the Republic are proclaimed in a separate series and shall also be signed by the governor.

Carpathian Russia shall be represented in the National Assembly of the Czechoslovak Republic by the proper number of deputies and senators in accordance with Czechoslovak election laws.

At the head of Carpathian Russia stands governor appointed by the president of the Czechoslovak Republic upon nomination by the government; he shall be responsible also to the diet of the Carpathian Russia.

Public servants of Carpathian Russia shall as far as possible be taken from its own population.

Details, especially the right to vote and to be elected to diet, are regulated by special enactments.

The law of National Assembly, determining the boundaries of Carpathian Russia, shall form a part of the constitution.

4. Citizenship of the Czechoslovak Republic is one and unitary.

Rules governing the acquiring of citizenship, its effects and its loss are determined by law.

A citizen or subject of a foreign state may not at the same time be citizen of Czechoslovak Republic.

5. Prague is the capital of the Czechoslovak Republic.

The colors of the Republic are white, red and blue.

Coat of arms and flags are prescribed by laws.

II. LEGISLATIVE AUTHORITY.

6. Legislative authority for the entire territory of the Czechoslovak Republic is exercised by the National Assembly which consists of two houses: chamber of deputies and the senate.

Both houses meet regularly in Prague. In cases of absolute necessity they may be called to meet temporarily in some other place in the Czechoslovak Republic.

7. Legislative and administrative power of land diets is abolished.

Unless a law adopted by the National Assembly provides otherwise, it applies to the entire territory of the Czechoslovak Republic.

8. The chamber of deputies consists of 300 members, elected by general, equal, direct and secret franchise in accordance with the principle of proportionate representation. Elections take place on Sundays.

9. The right to vote for members of the chamber of deputies belongs to all citizens of the Czechoslovak Republic without distinction of sex who are 21 years of age and comply with other requirements of the fundamental law governing elections to chamber of deputies.

10. Eligible are those citizens of the Czechoslovak Republic without distinction of sex who are 30 years of age and comply with other requirements of the fundamental law governing elections to chamber of deputies.

12. Details of the exercise of right to vote and election rules are contained in the law governing elections to chamber of deputies.

13. The senate consists of 150 members, elected by general, equal, direct and secret franchise in accordance with the principle of proportionate representation. Elections take place on Sundays.

14. The right to vote for members of the senate belongs to all citizens of the Czechoslovak Republic without distinction of sex who are 26 years of age and comply with other requirements of the fundamental law as to the composition and jurisdiction of the senate.

15. Eligible are those citizens of the Czechoslovak Republic, without distinction of sex, who have reached 45 years of age and comply with other requirements of the fundamental law as to the composition and jurisdiction of the senate.

16. The term for which senators are elected is eight years.

17. Details of the exercise of right to vote and election rules are contained in the law as to the composition and jurisdiction of the senate.

18. No one may be member of both houses.

19. Contested elections to the chamber of deputies and the senate are passed upon by the electoral court. Details are regulated by law.

20. An employee of the state who is elected to the National Assembly and qualifies as member receives a leave of absence for the duration of his term and is entitled to his regular salary, not including therein local or active supplement of the same, as well as to seniority promotion. University professors are entitled to leave of absence; if they make use of this right, the same provisions apply to them as to other state servants.

Other public servants are entitled to leave of absence, while they are members of the National Assembly.

Members of the National Assembly may receive a salaried state appointment only after the expiration of one year from the the time they cease to be members of the National Assembly.

This provision does not apply to ministers. The time limit of one year, contained in the previous paragraph, does not apply to deputies and senators who were in the service of the state before their ele to the National Assembly, if they remain in the same department of service.

Members of county assemblies, and county and district chiefs may not be members of the National Assembly. Judges of the constitutional court and associate judges of the electoral court may not at the same time sit in the National Assembly.

21. Members of either house may resign at any time.

22. Members of the National Assembly carry out their mandates in person; they may not receive orders from anyone.

They may not intervene with public authorities in party interests. This prohibition does not apply to members of the National Assembly in so far as intervention with authorities is a part of their regular duties.

In the first meeting of the house which they attend they shall make the following pledge: “I promise that I will be faithful to the Czechoslovak Republic, that I will observe the laws and execute my trust according to my best knowledge and conscience.” Refusal of the pledge or pledge with reservation carry with it automatic loss of mandate.

23. Members of the National Assembly cannot be molested by reason of their vote in the house or committees. For anything they may say in the exercise of their mandate they are subject only to the disciplinary power of the house.

21. Before a member of the National Assembly may be prosecuted or disciplined for other acts or omissions, the consent of the proper house must be obtained. If the house refuses its consent, prosecution is dropped permanently.

These provisions do not apply to criminal liability which a member of the National Assembly may incur as responsible editor.

25. If a member of either house is arrested in the commission of a criminal offense, the court or other proper authority shall inform the president of the house at once of the arrest. Unless the house, or during the adjournment of the National Assembly the commission elected in accordance with section 54, signifies within 14 days its consent to further imprisonment, imprisonment ceases. Should the commision give its consent, the house itself shall decide the question of further imprisonment within 14 days of its convening.

26. Members of both houses may refuse to testify as to matters which were confided to them as members of the house, even after they have ceased to be members. This does not apply to charges of seducing a member of either house to abuse his trust.

27. Members of both houses shall receive compensation provided by law.

28. The president of the Republic shall call both houses into two regular sessions annually in spring and fall. The spring session commences in March, the fall session in October.

He may also call the houses into special sessions according to need. If a majority of either house makes a demand for special session on the president of the government, stating the nature of special business, the president shall cause the houses to meet within 14 days from the date of demand. In case of his failure to act the houses shall convene simultaneously within the following 14 days at the call of their presidents.

When more than four months have elapsed since the last regular session, the president of the Republic shall at the request of at least two fifths of either house call the houses to meet within 14 days of the date of the request. In case of his failure to act the houses shall meet within the following 14 days at the call of their presidents.

29. Sessions of both houses open and close at the same time.

30. The president of the Republic declares the session closed.

He may prorogue the houses for no longer than one month and not oftener than once a year.

31. The president of the Repubulic may dissolve the houses. He may not exercise this right within the last six months of his term of office. At the expiration of the term of either house or at the dissolution of either house new elections shall take place within 60 days.

Dissolution of the senate does not stay criminal proceedings that may be pending before the senate in accordance with sections 67 and 79.

32. The quorum of either house, except where otherwise provided for herein, is one third of entire membership; all acts to be valid must receive a majority vote of those present.

33. Declaration of war, amendment of the constitution and the fundamental laws wich are a part thereof may be done only by affirmative of vote of three fifths of all members of both houses.

34. The chamber of deputies may impeach the president of the Republic, the president of the government and members of government by a two thirds majority in the presence of two thirds of the membership.

Proceedings before the senate as a high court are regulated by law.

35. Each house elects its own president, officers and functionaries.

36. Sessions of the chamber of deputies and the senate are public. Executive sessions may be held only in cases enumerated in the rules of proceding.

37. The fundamental principles of the relations of both houses to each other, to the government and to all outside them are regulated by special law within the limits set by constitutional provisions. For the transaction of its business each house adopts its own rules.

Until the house of deputies and the senate adopt their own rules, the rules of the existing National Assembly shall apply.

38. When both houses meet as National Assembly, the rules of the house of deputies apply.

Such a joint session is called by the president of the government and presided over by the president of the chamber of deputies.

His alternate is president of the senate.

39. Ministers may participate at any time in the meetings of either house and of all committees. They shall be given the floor, whenever they desire to speak.

40. At the request of either house or its committee the minister shall attend its meeting.

Otherwise the minister may be represented by officials of his department.

41. Bills may be submitted either by the government or by either house.

A bill submitted by members of either house shall be accompanied by a statement of expenses involved in the bill and by a recommendation as to how they shall be defrayed.

Government proposals for financial and army bills shall be laid first before the chamber of deputies.

42. Changes in fundamental laws shall be concurred in by both houses. This applies also to other laws, except as otherwise provided in sections 43, 44 and 48.

43. The senate shall take action on a bill passed by the house of deputies within six weeks; on financial and army bills within one month. The house of deputies shall take action on bill adopted by the senate within three months.

These time limits run from the day, when the printed act of one house is delivered to the other house; by consent of both houses these time limits may be extended or shortened. The limit of one month within which the senate shall take action on financial and army bills cannot be extended.

If during the limit the term of the house which is to take action on the bill of the other exprires or the house is dissolved, prorogued or its session closed. the limit begins to run anew from its next meeting.

If the second house takes no action within the above time limits, the failure is considered equivalent to approval of the decision of the first house.

44. A measure passed by the chamber of deputies shall become law in spite of the dissent of the senate, if the chamber of deputies by a vote of the majority of the entire membership reaffirms its original vote. If the senate rejects by a three fourths majority of the entire membership a bill which was passed by the chamber of deputies, the bill becomes law only if repassed by the chamber of deputies by a majority of three fifths of the entire membership.

Proposals of the senate are submitted to the chamber of deputies. If the latter rejects the senate bill and the senate reaffirms its original vote by a majority vote of the entire membership, the bill is submitted once more to the chamber of deputies. If the chamber of deputies rejects the senate bill by a majority vote of the entire membership, the bill fails.

Bills which thus failed cannot be resubmitted in either house before the expiration of one year.

Amendment of a bill passed by one house in the other house is equivalent to rejection.

45. If either house has to consider for the second time a bill which it once voted or consider again a bill passed by the other house, and should the house be dissolved or its term expire before reconsideration, the action of the new house on the matter shall be considered to be its second action in the sense of section 44.

46. If the National Assembly rejects a government bill, the government may order a popular vote to be taken on the question, whether the bill shall become law. Such a decision of the government must be unanimous.

The right of vote belongs to all who are entitled to vote for members of chamber of deputies.

Details are regulated by law.

Popular vote does not apply to governmental proposals changing or amending the constitution and the fundamental laws which are a part of it.

47. The president of the Republic may return with his objections a law passed by the National Assembly within one month from the day on which it was delivered to the government.

48. If both houses in a roll call reaffirm their vote by a majority of the entire membership, the measure shall be proclaimed law.

If such a concurrent majority of both houses is not reached, the measure will nevertheless become law, if in a new roll call the chamber of deputies votes for it by three fifths of the entire membership.

If the measure in question is one which requires the larger quorum and higher majority, the returned measure must be adopted in the presence of this quorum by the specified majority.

The provisions of section 45 apply here also.

49. A law does not go into effect, until it is proclaimed in the manner prescribed by law.

Laws are proclaimed by this clause: “The National Assembly of the Czechoslovak Republic adopted the following law.”

Laws shall be proclaimed within eight days, not including Sundays, from the limit set in section 47. If the president of the Republic makes use of his right there referred to, the law shall be proclaimed within eight days, not including Sundays, from the day, when re-enactment by National Assembly is communicated to the government.

50. Every law must state, which member of the government is charged with its execution.

51. The law shall be signed by the president of the Republic, the president of the government and the minister charged to execute the law. If the president is disabled or ill and has no deputy, the president of the government signs on his behalf.

The president of the government may be represented in the signing of laws in the manner provided for in section 71.

52. Each house has the right to interpellate the president and members of the government on all matters within their jurisdiction, inquire into administrative acts of the government, appoint committees to which the ministers shall submit information, adopt addresses and resolutions.

The president and members of the government shall answer the interpellations of the members of the houses.

53. The manner in which state financial economy and state debt is controlled is regulated by law.

54. (1) In the period between the dissolution of either house or the expiration of its term and the next convening of both houses, and also during the time, when the session of the two houses is prorogued or closed, a commission of 24 members may enact urgent measures which have the force of law. The chamber of deputies elects 16 members with 16 alternates, and the senate elects eight members and eight alternates for the term of one year. Each alternate takes the place of a definite member.

(2) First elections take place as soon as the two houses are organized. Presidents and vicepresidents of both houses take part in voting. When a new house has been elected, it selects new members of the commission, even though the one year term of sitting members has not expired.

(3) The principle of proportionate representation shall be applied in these elections. Parties may combine. If all parties agree, members of the commission may be selected from the body of the house. This may be done, if objectors do not exceed twenty deputies or ten senators.

(4) Members of the commission remain in office, until their successors are elected. Alternates take the place of members who permanently or temporarily are unable to perform their duties. If there is a vacancy in the office of either member or alternate, supplementary election is had for the balance of the term. Newly elected member must belong to the same group as the former member, unless the group in question should fail to nominate a candidate or refuse to participate in electing.

(5) A member of the government may not be member of commission or his alternate.

(6) As soon as the commission is elected, it shall organize itself by electing a president and second vice-president out of members of the house of deputies, and first vice-president out of senate members.

(7) Sections 23 to 27 of the constitution apply to members of the commission.

(8) The commission may act in all matters that come within the legislative and administrative jurisdiction of the National Assembly, but it cannot (a) elect the president of the Republic or his deputy;

(b) amend fundamental laws or change jurisdiction of public authorities, except that it may add new duties to existing authorities.

(c) impose by its measures upon citizens new and lasting financial duties, increase military obligation, burden permanently the state finances or alienate state property;

(d) give its consent to declaration of war.

(9) A measure which is to have the effect of law or which authorizes expenditures not provided for in the budget must be approved by a majority of the entire membership.

(10) In all other cases the commission may act in the presence of one half of its membership by a majority vote of those present. The president votes only to break the tie.

(11) Emergency measures which are in the nature of law may be adopted only upon recommendation of the government, approved by the president of the Republic.

(12) Acts of the commission referred to in the preceding section have temporarily the effect of law; they are proclaimed, with a reference to section 54, in the series of laws and ordinances, and they are signed by the president of the Republic, president of the government or his deputy, and at least one half of the ministers. Acts which are not signed by the president of the Republic may not be proclaimed.

(13) The jurisdiction of the constitutional court extends to measures which are in the nature of law; they shall be submitted to the court by the government at the time of their proclamation in the series of laws decides, whether measures submitted to it and ordinances. The constitutional court comply with paragraph 8 b).

(14) President of the commission and vicepresident submit a report of the actions of the commission in the first sessions of the chamber of deputies and the senate, even though they may have ceased to be members.

(15) Measures which are not approved by both houses within two months of their convening are thereafter void.

(To be concluded.)