Constitution as the fundamental law of the state. Introduction to Law T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic

Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Content Constitutional Law of the Czech Republic Constitution as the fundamental law of the Czech Republic Types of the Constitution, functions of the Constitution, content of the Constitution, structure of the Constitution Implementation of the theory of the division of powers legislative, executive and judicial power, other authorities, local authorities The concept of the constitutional order of the Czech Republic

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Constitutional law can be understood as polysemous term: As a branch of law, (ie a set of constitutional rules) As a set of rules with supreme legal force, (in the legal system known as the constitutional order of the Czech Republic) As a set of rules which form the sources of law such as branch, (constitutional law in an objective sense) As a subjective public right of individuals guaranteed by a Constitution, (ie, claims and permissions) as a scientific discipline.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Constitutional Law is a part of public law, however, is the basis of all branches of law. Subject of Constitutional Law forms social relationships concerning: the basic elements of the state (state power, territory, population) its forms and organizations (relations between public authorities implementing the various state functions) limitations of this power in favor of autonomous spaces of the individual.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Constitution as the fundamental law of the Czech Republic Types of the Constitution legal and factual; rigid and flexible, written and unwritten, real and fictional, original and transferred, revolutionary, agreed and imposed. The function of the Constitution political, ideological, cultural, legal: entitlement to execution of state power, representation, integration, control of execution of power in state and society, stabilization, superiority and relative permanence of a certain order.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic The content of the Constitution Rules of behavior The provisions on the organization and activities of the State and its law: Rules that establish and abolish the state as such, the rules determining population and territory, rules concerning the execution of state power, rules regulating the division of state organizations and rules symbolizing the state … Provisions reflecting the state's relationship to society and to individuals and to other states. Provisions reflecting national aims and values ​​on which the state is bound.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Structure of the Constitution Preamble CHAPTER ONE - Fundamental Provisions (Article 1 - Article 14) CHAPTER TWO - Legislative Power (Article 16 - Article 53) CHAPTER THREE - Executive Power (Article 54 - Article 80) CHAPTER FOUR - Judicial Power (Article 81 - Article 96) CHAPTER FIVE - Supreme Control Office (Article 97) CHAPTER SIX - Czech National Bank (Article 98) CHAPTER SEVEN - Territorial Self-government (Article 99 - Article 105) CHAPTER EIGHT - Interim and Final Provisions (Article 106- Article 113) .

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Characteristics of the Constitution writing, because it was approved at one time as a single document - see Act No. 1/1993 Coll., the Constitution of the Czech Republic, rigid, difficult to change (the opposite of flexible or elastic Constitution), because to change it is necessary 3/5 majority of all deputies and 3/5 majority of of Senators in attendance, transferred, as they significantly draws from already approved constitutions agreed, ie. adopted by freely elected legislative body with the support of the absolute majority of members. Fictional .......... Constitutional deficits .................

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Legislative power Organised civil unit exercises state power directly (referendum) or indirectly, through an elected parliament. The Czech Parliament is composed of two chambers - the Chamber of Deputies (200 members to four years) and the Senate (81 senators to 6 years). Elections are held by secret ballot on the basis of universal, equal and direct suffrage, to the Chamber of Deputies under the principle of the proportional representation, to the Senate by principles of the majority system. Active suffrage (right to vote) every citizen of the Czech Republic who has attained the age of 18.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Legislative power Passive suffrage (the right to be elected) every citizen of the Czech Republic who has the right to vote and has reached the age of 21 years (to the Chamber of Deputies), 40 years (in the Senate). Incompatibility - The office of Deputy or Senator is incompatible with the exercise of the Office of the President of the Republic, the judge ... Chambers shall have a quorum if at least 1/3 of its members. For the adoption of the Constitutional Act 3/5 majority of all deputies and 3/5 majority of Senators in attendance. A resolution declaring a state of war should be approved by a simple majority of all deputies and the majority of all senators

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Executive power it represents primarily the government and the president, president of the republic President of the republic is the head of state elected by direct vote, passive suffrage has the citizen who is eligible to vote to the Senate, not more than 2 per row, for 5 years, appoints and dismisses the Prime and other members of the government and accepts their resignation, dissolves the Chamber of Deputies, appoints the judges of the Constitutional Court, forgives and mitigates penalties imposed by the court, signs laws, he is supreme commander of the armed forces, appoints and promotes generals, has the right to grant amnesty ...

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Executive power government the supreme executive authority decides by majority principle consists of a Chairman (Prime Minister, the first minister), Vice-Ministers and Ministers Government issues regulations with lower legal force (government regulations and ministerial regulations) The Constitution underlines the powers of the Prime Minister, who forms the government, organizes the activities of the Government, its meetings, acts on behalf of the Government and performs other activities ... No confidence to government may enounce Chamber of Deputies

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic The judicial power The independent judicial power or jurisdiction is beside the legislative and executive last component of the tripartite state power. The court system is organized in stages according to the territorial principle, or the activities which the court administers. In the Constitution is the judicial power devoted to IV. section, which is divided into two parts: First regulates the Constitutional Court, The second regulates system of general courts, which consists of the Supreme Court, the Supreme Administrative Court, and superior, regional and district courts.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Constitutional Court The seat of the Constitutional Court of the Czech Republic is in Brno. The Constitutional Court is a specialized autonomous state body that is not part system of general courts. Its main task is to protect the rights under the Constitution, the Charter of Fundamental Rights and Freedoms and other constitutional laws of the Czech Republic The Court is composed of fifteen judges who rule in three-chambers or in plenary. Judge of the Constitutional Court are appointed by the President of the Republic for a period of ten years. The decision of the Constitutional Court in the context of the material authority are final and can not be appealed.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Supreme Court of the Czech Republic The seat of the Supreme Court of the Czech Republic is in Brno The Supreme Court is the supreme judicial body with respect to matters which are under the jurisdiction of courts, save matters ruled on by the Constitutional Court or the Supreme Administrative Court. Its work is mainly deciding on extraordinary means of remedy, deciding on complaints for violations of the law, the decision on recognition and enforcement of decisions of foreign courts on the territory of the Czech Republic It contributes to the unification of the Court's jurisprudence as well as that it publishes opinions and selected the most serious decision of the Supreme Court and other courts in the Collection of judgments and opinions.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic The Supreme Administrative Court The seat of the Supreme Administrative Court is in Brno It is the supreme judicial body in matters of administrative justice. Decides on a cassation complaint against final decisions of regional courts in administrative law, which the complainants seek the annulment of the contested decision. Protection against unlawful decision is supplemented by protection from its inaction and against unlawful interference by an administrative authority. The Supreme Administrative Court shall also decide in electoral matters, matters of political parties and political movements, and repealing general measures for conflict with the law.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Superior, regional and district courts Focused on both criminal and civil matters. District courts are the lowest segments of the judicial system. In the first instance it hears cases arising from civil, labor, family and business relationships also decide on guilt and punishment in criminal proceedings. Regional courts constitute the next stage, in the first instance it decides in matters that are difficult, socially significant (privacy, copyright). Regional courts constitute the next stage, in the first instance it decides in matters that are difficult, socially significant (privacy, copyright). Regional courts are also the subject of administrative justice, in the second instance it decides if the proceedings in the first instance was decided by the district court. Superior courts are courts of second instance to the first instance by the Regional ......

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic The Supreme Control Office an independent body. It shall control the management of state property and the implementation of the State Budget. The President and the Vice-President of the Supreme Control Office shall be appointed by the President of the Republic on the proposal of the Chamber of Deputies.  The status, the jurisdiction, the organizational structure and other details regarding the Supreme Control Office shall be defined by law. The authorities of The Supreme Control Office are President, Vice President, collegium, senates and Disciplinary Chamber.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Czech National Bank Central State Bank, office is in Prague The main purpose of its operations shall be to care for price stability. The position and competence of and other details regarding the Czech National Bank shall be defined by law (Act No. 6/1993 Coll., the Czech National Bank) Czech National Bank shall perform supervision over the financial market, sets monetary policy, issues banknotes and coins and manages the circulation of currency, payments and accounting of banks, performs supervision of the banking sector, insurance, credit unions, the foreign exchange supervision, the status of a public body, The supreme governing body of the Czech National Bank is the Bank Board, appointed by the president for six years.

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic Territorial Self-government The Czech Republic shall be divided into municipalities, which shall be fundamental self-governing territorial divisions, and regions, which shall be superior self-governing territorial divisions (14 regions) Self-governing territorial divisions are communities of citizens inhabiting a particular area, which have the right of self-government. Assemblies may within its competence issue generally binding regulations. Other sources of legal regulation of Territorial Self-government: Act No. 128/2000 Coll., The municipalities (local government), Act No. 129/2000 Coll., On regions (regional government)

T5 Constitution as the fundamental law of the state T5 Constitution as the fundamental law of the state. Implementation of the division of powers, the constitutional order of the Czech Republic The constitutional order The concept of constitutional order expresses a set of laws that are in the Czech Republic in the constitution and can be changed again in future only by constitutional law. It is regulated in Article 3 and Article 112 of the Constitution. Part of the constitutional order are: The Constitution of the Czech Republic, the Charter of Fundamental Rights and Freedoms, the constitutional laws enacted by the Constitution, constitutional laws governing the state borders, constitutional laws of the Czech National Council, adopted after 6 June 1992.