The Czechoslovak Review/Volume 4/Constitution of Czechoslovakia (2)

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.
(Concluded.)

III. GOVERNING AND EXECUTIVE POWER.

55. Ordinances may be issued only for the purpose of carrying out a definite law and within its terms.

56. The president of the Republic is elected by the National Assembly.

He shall be a citizen of the Czechoslovak Republic, qualified to be member of the chamber of deputies and 35 years of age.

57. Election is held in the presence of the majority of the total membership of both houses, and a vote of three fifths of those present is necessary.

If two ballots result in no choice, the next balloting is limited to the highest candidates; he who receives a plurality of votes is elected. In case of tie the decision is made by lot.

Details are governed by law.

58. The term of office commences on the day, when the newly elected president makes the promise, as provided in section 65.

The term of office is seven years.

Election is held within the last four weeks of an expiring term.

No one may be elected for more than two successive terms. A person who has served as president for two succesive terms cannot be elected again, until seven years shall hav elapsed from the expiration of his last term. This provision does not apply to the first president of the Czechoslovak Republic.

The former president continues in office, until new president is elected.

59. Should the president die or resign during his term of office, a new election is held in accordance with provisions of sections 56 and 57 for a term of seven years. The National Assembly shall be convened for that purpose within 14 days.

60. Until the new president is elected (section 59), or if the president is prevented by ill-health or other cause from performing his office, his authority is exercised by the government which may entrust definite functions to its own president.

661. If the president is incapacitated or ill for more than six months (section 600), and if the government so decides in the presence of three quarters of its members, the National Assembly will elect an acting president who will serve as such, until the impediment is removed.

During the period for which a person is not eligible to be president in accordance with section 58 he cannot be acting president.

62. The election of acting president is governed by rules applying to the election of president.

63. The president of the Republic may not be at the same time member of the National Assembly. If a member of the National Assembly is elected acting president, he cannot execute his mandate in the National Assembly, while he is exercising the office of president.

64. The president of the Republic.

01. represents the state in is foreign relations. He negotiates and ratifies international treaties. Commercial treaties, treaties which impose upon the state or the citizens burdens of a financial or personal nature, especially military, and treaties which change the boundaries of the state, need the consent of the National Assembly. In the case of changes of boundaries the consent of the National Assembly must take the form of a constitutional law (article I. of the enabling laws);

02. receives and accredits diplomatic representatives;

3. proclaims state of war to exist, declares war after first obtaining the consent of the National Assembly, and lays before it the negotiated treaty of peace for its approval;

4. convenes, prorogues and dissolves the National Assembly (sections 28 to 31) and declares the session of the houses closed;

5. may return bills with his objections (sections 47) and signs laws of the National Assembly (sections 51), of the diet of Carpathian Russia (section 3), and ordinances of the commission (section 54);

6. gives to the National Assembly oral or written information of the state of the Republic and recommends to their consideration such measures as he may deem necessary and expedient;

7. appoints and dismisses ministers and determines their number;

8. appoints all professors of universities, and all judges, civil officials and army of ficiers of the sixth or higher rank;

9. grants gifts and pensions in special cases upon motion of the government;

10. is commander in chief of all armed forces;

11. grants pardons in accordance with section 103.

All governing and executive power, in so far as the constitution and laws of the Czechoslovak Republic, adopted after November 15, 1918, do not expressly reserve it to the president of the Republic, shall be exercised by the government (section 70).

65. The president of the Republic promises before the National Assembly (section 58) upon his honor and conscience that he will study the welfare of the Republic and the people and that he will observe constitutional and other laws.

66. The president of the Republic is not responsible for the execution of his office. For his utterances, connected with the office of the president, the government is responsible.

67. He may be criminally prosecuted only for high treason before the senate upon inpeachment by the chamber of deputies (section 34). The punishment may extend only to the loss of his office and disqualification ever to hold it again.

Details are determined by law.

68. Every act of the president in the exercise of his governing or executive power is valid only, when countersigned by a responsible member of the government.

69. Provisions applying to the president of the Republic apply also to the acting president (section 61).

70. The president and members of the government (ministers) are appointed and dismissed by the president of the Republic.

The ordinary seat of the government is Prague (sections 6).

71. The government elects from its membership the president’s deputy who may take his place. If the deputy is unable to act, the oldest member of the government in years acts as president.

72. The president of the Republic decides over which department each minister shall preside.

73. Members of the government promise to the president of the Republic, upon their honor and conscience, that they will conscientiously and impartially perform their duties and observe constitutional and other laws.

74. No member of the government may sit on the board of directors or act as representative of a stock company or a firm which is engaged in business for profit.

75. The government is responsible to the chamber of deputies which may declare its lack of confidence in the government. This shall be done in the presence of the majority of the entire membership by a majority vote upon a roll call.

76. Motion to declare lack of a confidence shall be signed by at least or hundred deputies and shall be referred to committee which will submit its report within eight days.

77. The government may ask the chamber of deputies to vote its confidence. This motion shall be acted upon without reference to committee.

78. If the chamber of deputies declares lack of confidence in the government or if it rejects the motion of government for a vote of confidence, the government shall hand its resignation to the president of the Republic who will select the persons who are to carry on the affairs of state, until a new government is formed.

If the government resigns at a time, when there is neither president nor acting president, the commission provided for in section 54 accepts the resignation and takes steps to have the administration carried on.

79. If the president or members of the government violate fundamental or other laws by their official acts either intentionally or from gross negligence, they are responsible criminally.

Right to impeach belongs to the chamber of deputies, and the trial is held before the senate.

Details are regulated by law.

80. The government acts as a college which is competent to take action only in the presence of the president or acting president and a majority of the ministers.

81. The government decides corporatively in particular:

a) government measures for the National Assembly, government ordinances (section 84), and recommendations to the president of the Republic to make use of the power given him by section 74;

b) all matters of a political nature;

c) appointment of judges and civil officials of the eighth and higher ranks, as far as this appertains to the central authorities, and nominations of functionaries who are appointed by the president of the Republic (section 64, paragraph 8).

82. The president of the Republic may attend and preside over the meetings o the government; he may require of the government and its members written opinion of any matter relating to the duties of their office.

83. The president of the Republic may invite the government or its members for consultation.

84. Every government ordinance shall be signed by the president of the government or the acting president, and also by ministers charged with its execution, and in no case less than half the ministers.

85. The jurisdiction of the ministries is regulated by law.

86. In the lower state administrative offices the citizen element shall be, as far as possible, represented, and the protection of the rights and interests of the citizens (administrative judicature) shall be effectively provided.

87. No one may be at the same time an elected member of an inferior administrative organ and also of an organ that is superior or exercises supervision over the former.

Exceptions may be made by law.

88. Judicial protection against administrative organs shall be provided by the supreme administrative court, composed of independent judges, with jurisdiction over the territory of the entire Republic.

Details are regulated by law.

89. The nature and authority of the inferior organs of state administration is settled in principle by law which may leave details to government ordinances.

90. State organs which are entrusted with economic functions only, without exercising the sovereign authority of the state, are created and organized by ordinances.

91. The nature and authority of autonomous organs is regulated by special law.

92. The law determines, to what extent the state shall be responsible for illegal execution of governmental authority.

93. Public employees shall in their official acts observe fundamental and other laws. This applies also to citizen members of administrative colleges.

IV. JUDICIAL POWER.

94. The judicial power is exercised by state courts; the law prescribes their organization, their jurisdiction and their procedure.

No one may be sent before any other judge but the one who has jurisdiction by law.

Only in criminal matters extraordinary courts may be introduced, and then in cases prescribed by law in advance and for a limited period.

95. Judicial power in civil cases belongs to civil courts, either regular or special and arbitration courts; judicial power in criminal matters belongs to regular criminal courts, in so far as it is not assigned to military criminal courts, and except as such matters may, in accordance with general ordinances, be dealt with ćy police or financial punitive procedure.

For the entire territory of the Czechoslovak Republic there shall be one supreme court.

The place of juries in judicial procedure is regulated by special laws.

Jury trials may be temporarily suspended in cases provided for by law.

The jurisdiction of courts martial may be extended to civil population in accordance with the provisions of law only in time of war and for acts done during the war.

96. Judicial power is in all instances separated from administration.

Conflicts of jurisdiction between courts and administrative organs are regulated by law.

97. Qualifications of professional judges are determined by law.

Judges shall take an oath of office that they will observe the laws.

The status of judges in the service of state is regulated by special law.

98. All judges shall execute their office independently of all considerations except only the law.

99. Professional judges are appointed permanently; they may not be transferred, demoted or pensioned against their will, except should there be a new organization of courts and then only during the period provided for by the law, or by virtue of a proper disciplinary finding; they may be pensioned also by a proper finding, when they reach the legal retirement age. Details are regulated by law which also prescribes, under what conditions judges may be suspended from office.

Judicial senates in courts of first and second instance are in session all year; exceptions are made by law.

100. Judgements are pronounced in the name of the Republic.

Sessions of court are oral and public; judgements in criminal cases are declared in jublic; the public may be excluded from court sessions only in cases enumerated by law.

In trials of criminal cases the principle of accusation applies.

101. Professional judges may not hold any other paid position, permanent or temporary, except as otherwise provided by law.

102. Judges in passing upon a legal question may examine the validity of an ordinance; as to law they may only inquire, whether it was properly promulgated (section 51).

103. The president of the Republic shall have power to declare amnesty, grant pardons or commute punishments, restore lost civil rights, in particular the right to vote for National Assembly and other elected bodies, and with the exception of criminal proceedings where an individual is complainant, suspend all criminal prosecution.

This power of the president of the Republic does not aply to members of the government, impeached or condemned in accordance with section 79.

104. Liability of the state and judges for damages caused by illegal execution of official authority is determined by law.

105. In all cases in which an administrative organ in accordance with particular laws passes upon claims for compensation the party affected may, after exhausting his remedies with higher authorities, apply for relief to courts.

Details are regulated by law.

V. RIGHTS AND PRIVILEGES, AS WELL AS DUTIES OF CITIZENS.

106. Privileges due to sex, birth and calling are not recognized.

All inhabitants of the Czechoslovak Republic enjoy, equally with the citizens of the Republic, in its territory full and complete protection of race or religion. Exceptions to this principle are admissible only as far as is compatible with international law.

Titles may be conferred only when they refer to office or occupation; this does not apply to academic degrees.

107. Personal liberty is guaranteed. Details are regulated by a law which is a part of this constitution.

Personal liberty may be restricted or taken away only in conformity with law; likewise public authorities may compel a citizen to perform personal acts only in conformity with law.

108. Every Czechoslovak citizen may settle in any part of the Czechoslovak Republic, acquire real property there and engage in a gainful occupation, within the limits of general legal provisions.

This right may be restricted only in the public interest by law.

109. Private ownership may only be restricted by law.

Expropriation may be accomplished only in compliance with law and compensation shall be paid, except where the law specifically provides that compensation shall not be paid.

110. The right to emigrate may only be limited by law.

111. Taxes and public burdens may be imposed only in conformity with law.

Likewise threats and imposition of punishments shall be made only in conformity with law.

112. The rights of home shall not be violated.

Details are regulated by a law which is a part of this constitution.

113. Liberty of press and the right to assemble peacefully and without arms, and to form associations is guaranteed. It is therefore illegal as a matter of principle to subject the press to censoring before publication. The manner in which the right of assembly and association shall be exercised is determined by laws.

An association may be dissolved only, when its activity violates the criminal law or public peace and order.

The law may impose restrictions upon assemblies in places serving public traffic, upon the establishment of associations for profit and upon the participation of foreigners in political societies. In the same manner restrictions may be imposed upon the preceding guarantees in time of war or of domestic disorders which may menace substantially the republican form of government, the constitution or public peace and order.

114. The right to associate for the protection and improvement of conditions of employment and economic interests is guaranteed.

All acts of individuals or associations which seem to amount to intentional violation of this right are prohibited.

115. The right of petition is inherent; legal persons and associations may exercise it only within their scope of action.

116. Secrecy of mails is guaranteed.

Details are regulated by law.

117. Every person may, within the limits of law, express his opinions by word, writing, press, picture etc.

This applies to legal persons within their scope of action.

The exercise of this right shall not prejudice anyone in his relations as employee of another.

118. Scientific investigation and publication of its results, as well as art, is untrammeled as long as it does not violate criminal law.

119. Public instruction shall be so conducted as not to be in conflict with the results of scientific investigation.

120. Establishment of private schools is permitted only within the limits of laws. The state administration shall have the supreme conduct and oversight of all instruction and education.

121. Liberty of conscience and profession is guaranteed.

122. No one may be compelled directly od indirectly to praticipate in any religious act; this does not apply to the authority of father or guardian.

All inhabitants of the Czechoslovak Republic have equally with citizens of the Czechoslovak Republic the right to practice in public or in private any confession, religion or faith, as long as the practice is not in conflict with public order or good morals.

123. All religious confessions are equal before the law.

124. The performance of definite religious acts may be formidden, if they violate good order or public morality.

125. The marriage relation, family and motherhood are under the special protection of the laws.

126. Every physically fit citizen of the Czechoslovak Republic shall submit to military training and obey the call to defend the state.

Details are regulated by law.

VI. PROTECTION OF NATIONAL, RELIGIOUS AND RACIAL MINORITIES.

127. All citizens of the Czechoslovak Republic are fully equal before the law and enjoy civil and political rights, regardless of race, language or religion.

Difference of religion, faith, confession and language shall not be a handicap to any citizen of the Czechoslovak Republic within the limits of general laws, in particular with reference to access to employment by the state, to offices and dignities, or the pursuit of any occupation or profession.

Citizens of the Czechoslovak Republic may, within the limits of general laws, freely employ any language in private or commercial relations, in matters relating to religion, in press or any publications, or in public assemblies of the people.

This shall not affect rights which belong to the organs of the state in accordance with any present or future laws based on considerations of public order, safety of the state and efficient control.

128. The right to use a definite language in public offices is regulated by special law which forms a part of this constitution.

129. In so far as citizens may, in compliance with general laws, establish, direct and administer at their own expense charitable, religious and social institutions, schools and educational institutions, all citizens, regardless of nationality, language, religion and race, shall be equal and may in such institutions freely employ their own language and practice their religion.

130. In cities and districts in which there lives a considerable fraction of Czechoslovak citizens of other than Czechoslovak language, children of such Czechoslovak citizens shall receive in public schools, within the limits of the general law governing education, suitable opportunity to be taught in their own tongue; but instruction in the Czechoslovak language may be made obligatory.

131. Wherever in cities and districts in which there lives a considerable fraction of Czechoslovak citizens, belonging to religious, national and language minorities, definite sums are to be expended on education, religion or charity from public funds on the basis of state, municipal or other public budgets, such minorities are hereby guaranteed, within the limits of general regulations applicable to public administration, a proportionate share in the expenditure of such funds.

132. Principles set forth in section 130 and 131, especially the definition of the expression “considerable fraction”, shall be carried out by special laws.

133. Every form of forcible denationalization is forbidden. Violation of this principle may be declared criminal by law.