
Contents
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A. Introduction A. Introduction
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B. The Historical Context B. The Historical Context
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1. The Interwar Era (1920–1939): A Lost Opportunity 1. The Interwar Era (1920–1939): A Lost Opportunity
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2. The Reichsprotektorat Böhmen und Mähren (1939–1945): An Abrupt End 2. The Reichsprotektorat Böhmen und Mähren (1939–1945): An Abrupt End
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3. The Post-War Desuetudo (1945–1989): A Non-Justiciable Constitution 3. The Post-War Desuetudo (1945–1989): A Non-Justiciable Constitution
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4. The Federal Intermezzo (1989–1992): Setting the Stage 4. The Federal Intermezzo (1989–1992): Setting the Stage
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5. The Czech Constitutional Court (1993 until Today): The Rise to Power 5. The Czech Constitutional Court (1993 until Today): The Rise to Power
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C. The Institutional Design of the Czech Constitutional Court C. The Institutional Design of the Czech Constitutional Court
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1. Composition 1. Composition
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2. The Selection of Justices 2. The Selection of Justices
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3. The Profile of the Justices 3. The Profile of the Justices
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4. Judicial Independence 4. Judicial Independence
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5. Law Clerks 5. Law Clerks
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6. The Secretariat 6. The Secretariat
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D. The Jurisdiction of the Czech Constitutional Court D. The Jurisdiction of the Czech Constitutional Court
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1. Abstract Review 1. Abstract Review
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2. Concrete Review 2. Concrete Review
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3. Individual Constitutional Complaints 3. Individual Constitutional Complaints
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4. Separation-of-Powers Disputes 4. Separation-of-Powers Disputes
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5. Ex Ante Review of International Treaties 5. Ex Ante Review of International Treaties
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6. Ancillary Powers 6. Ancillary Powers
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7. Implied Powers 7. Implied Powers
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E. The Proceedings Before the Czech Constitutional Court E. The Proceedings Before the Czech Constitutional Court
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1. Basic Principles and Basic Data 1. Basic Principles and Basic Data
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2. Decision Rules 2. Decision Rules
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3. Separate Opinions 3. Separate Opinions
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4. Case Assignment and the Role of the Judge-Rapporteur 4. Case Assignment and the Role of the Judge-Rapporteur
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5. The Role of the President of the Constitutional Court 5. The Role of the President of the Constitutional Court
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F. The Taxonomy of the Rulings of the Czech Constitutional Court and Their Features F. The Taxonomy of the Rulings of the Czech Constitutional Court and Their Features
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1. A Brief Taxonomy of Rulings and Verdicts 1. A Brief Taxonomy of Rulings and Verdicts
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2. The Effects of the Constitutional Court’s Rulings 2. The Effects of the Constitutional Court’s Rulings
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3. The Publication of the Constitutional Court’s Rulings 3. The Publication of the Constitutional Court’s Rulings
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4. Style, Form, and References 4. Style, Form, and References
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G. The Interaction of the Czech Constitutional Court with Domestic and Supranational Actors G. The Interaction of the Czech Constitutional Court with Domestic and Supranational Actors
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1. The Constitutional Court and the Parliament 1. The Constitutional Court and the Parliament
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2. The Constitutional Court and the Executive 2. The Constitutional Court and the Executive
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3. The Constitutional Court and Ordinary Courts 3. The Constitutional Court and Ordinary Courts
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4. The Constitutional Court and the ECHR 4. The Constitutional Court and the ECHR
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5. The Constitutional Court and EU Law 5. The Constitutional Court and EU Law
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H. The Future of the Czech Constitutional Court— ‘Winter is Coming’ H. The Future of the Czech Constitutional Court— ‘Winter is Coming’
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4 The Constitutional Court of Czechia
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Published:March 2020
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Abstract
This chapter focuses on the Czech Constitutional Court (CCC). It shows, on the one hand, how the CCC has so far skilfully navigated through political ups and downs and has risen to prominence in Czech politics. On the other hand, this chapter also suggests that the CCC, despite its current wide powers, is a rather fragile institution. It argues that the creation of the CCC must be understood in the broader historical and political context. To that end, the chapter sketches the institutional design of the CCC and discusses the CCC’s powers. Subsequently, the chapter analyses the internal judicial practices of the CCC and the key procedural rules, then provides the taxonomy of the CCC’s rulings as well as their style, effects, and publication. Finally, it identifies and discusses political determinants of the CCC’s functioning and focuses on the interaction of the CCC with other domestic as well as supranational actors.
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