When a Constitutional Amendment Violates the "Substantive Core": The Czech Constitutional Court's September 2009 Early Elections Decision

Abstract In September 2009, the Constitutional Court of the Czech Republic blocked the early dissolution of the lower house of the national legislature, as it had not taken place in the set of circumstances envisioned by the 1992 Czech Constitution. Instead, it had taken place by a special ad hoc co...

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Bibliographic Details
Published inReview of Central and East European law Vol. 36; no. 1; pp. 33 - 51
Main Author Williams, Kieran
Format Journal Article
LanguageEnglish
Published The Netherlands BRILL 2011
Subjects
Comparative politics
Constitutional amendments
CONSTITUTIONAL COURT
Constitutional courts
Constitutional law
Czech Republic
DISSOLUTION
Dissolution of parliament
ELECTIONS
Legal norms
Relations between the powers
Term of office
UNCONSTITUTIONAL AMENDMENTS
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Summary:Abstract In September 2009, the Constitutional Court of the Czech Republic blocked the early dissolution of the lower house of the national legislature, as it had not taken place in the set of circumstances envisioned by the 1992 Czech Constitution. Instead, it had taken place by a special ad hoc constitutional amendment to shorten the normal term of office. The Court ruled that this amendment, although enacted in the correct procedure, violated core values of the Constitution. This article provides a full background to the case, analysis of the arguments developed by the petitioner, the court's reasoning, the impact of the decision and comparison with similar rulings by the high courts in other countries.
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ISSN:0925-9880
1573-0352
0925-9880
DOI:10.1163/092598811X12960354394687