Constitutional law as a cornerstone for the protection of our rights

Constitutional law is the cornerstone of any legal system. Think of it as the imaginary ground rules of the game that govern the entire legal scene. If we look at the legal system as a building, then constitutional law would function as its foundation and perhaps even its supporting masonry. Without these foundations, the whole structure would lose its stability and could collapse at any time.

9 minutes of reading

Chapters of the article

Constitutional law has evolved over the centuries, its roots going back deep into history. The inhabitants of each state have gradually discovered or, if you like, determined their own rules, from prehistoric tribal orders to modern constitutions as we know them today. Each state thus has its own specific constitutional traditions. One thing we all have in common, however, is that we consider the Constitution to be the supreme law. The constitution determines how the state should function, sets its values and defines the rights of its citizens.

The Constitution functions as a kind of manual

The Constitution of the Czech Republic contains the basic rules that govern the functioning of our entire society. In it we can find who has the main say, how general norms, i.e. mainly laws, can be adopted or how our civil rights are protected.

Constitutions take many different forms. Most states, of course, have a constitution with a written form, meaning that you would find all the rules in one or more documents in the official collection. This is the case, for example, in the Czech Republic or the USA. The UK, on the other hand, has an unwritten constitution, meaning that you would have to find the constitutional rules of that country scattered in various laws, customs and possibly court decisions.

Can the constitution be changed?

Yes, the constitution is not immutable. As our society evolves over time, the constitution itself needs to respond to these changes. The process of constitutional change is challenging in various ways. For example, the British constitution is, on the face of it, quite flexible, making changes is seemingly quite straightforward, and often all it takes is an ordinary law. In reality, however, it is not easy to change custom and tradition. By contrast, the US is very rigid in its approach to the constitution, even from a procedural point of view, and any change is very difficult and requires a complex process and broad consensus across the federation.

What, you ask, is it that specifically leads to the need to change something? Constitutional reforms are motivated by a variety of factors, but most often it is that a new situation arises in society that needs to be addressed. Specifically, this relates, for example, to the fact that as technologies such as artificial intelligence have entered our lives and much of the world has moved online, there is a need to ensure, for example, that digital rights are protected. Or is there not? The next few years will answer that.

Have your rights and freedoms been violated?

Constitutional law is supposed to protect our human rights and freedom. If someone has violated your right, don’t be afraid to ask for help. Every citizen has the right to a fair trial and we will guide you through it, whether you need to appeal, sue someone, or just want advice.

On what principles does constitutional law work?

The rule of law

The rule of law means that everyone, including government officials, must obey the law. No individual is above the law, and each of us also has the right to a fair trial. Thanks to the rule of law, no one can abuse power and we are all protected as citizens from arbitrary interference by another person in our rights.

Separation of powers

The power of the Czech state is divided into three main components according to the most frequently cited breakdown – the legislative, the executive and the judiciary or the legislative, executive and judicial power. Thanks to this division, the former politicians ensured that none of the above-mentioned branches assumed too much power over the others, while at the same time ensuring their mutual control. Thus, for example, Parliament passes laws, the government executes them and the courts ensure that these laws are in line with the constitution. In very simplistic terms.

Sovereignty of the people

The principle of popular sovereignty emphasises that all power in a state comes from its people. Citizens have the right to decide who will govern. They do so through free elections. The sovereignty of the people thus forms the cornerstone of democracy. The problem can arise if we are to ask the deeper question, who then is the population? Or is it the people or the nation?

The protection of human rights and freedoms

The Constitution of the Czech Republic contains an inventory of fundamental rights that it guarantees to all individuals. These include, for example, the right to the free expression of one’s opinion, the right to a fair trial and the right to protection of privacy. One of the main tasks of constitutional law is to protect these human rights and freedoms. They can often be invoked not only by citizens, but also by foreigners and legal persons.

The organs of state power in constitutional law or who does what

Legislature or legislative power

The term legislature refers to the legislative power represented by the parliament or other legislative body, which is responsible for enacting laws. The legislature plays a key role in a democratic system because it creates the rules by which everyone is governed.

The executive or executive branch

The executive branch of government is responsible for the exercise of power. The executive branch includes the president, the prime minister and their cabinet. This branch manages the day-to-day functioning of the state. It is also responsible for ensuring that the laws passed are actually implemented.

The judiciary or the judicial branch

The judiciary, and also the Constitutional Court, has the task of interpreting laws and applying them in practice. If there is any doubt or dispute that a particular law or government action is inconsistent with the Constitution of the Czech Republic and violates it at any point, it is the job of the Judiciary to resolve the inconsistency and order steps to correct it.

Tip: Are you interested in the world of justice and would you like to become a judge? Or at least as a judge to look behind the curtain of criminal proceedings and participate in decision-making? In our articles, you will learn how to become a judge or what the role of a presiding judge or a judge of the people entails.

What does a constitutional crisis look like?

Even in developed and sovereign states, a conflict between state authorities or other branches of power can be so serious that it cannot be resolved simply by standard means. If you want a concrete example, imagine, for example, that the Constitutional Court reaches a decision, but the president or parliament ignores that decision.

In such situations, it can be very difficult to find a solution that does not further violate the Constitution, but at the same time preserves the stability of the state. The decisions of the various organs of power are therefore very crucial, as they significantly influence the future direction of the country.

Inspiration in resolving various conflicts can come from other countries, for example. Constitutional law is not an isolated phenomenon. Although each country has its own specific constitutional traditions, many principles are universal and apply across the world, as they can be found in the constitutions of most countries. Moreover, individual constitutions are strongly influenced by international law and conventions such as the European Convention on Human Rights.

Hint: There have been and are many prominent figures in the field of constitutional law who have influenced the development of this field with their ideas and work. These include John Locke, who is considered the father of the modern concept of separation of powers, and Hans Kelsen, who developed the concept of the constitutional court.

Examples from practice

Justice in the Czech Republic bears a number of examples and court decisions that have significantly influenced the development and application of constitutional law. For example, in 2009, a complaint against the law on early elections to the Chamber of Deputies, which was intended to allow early elections to be held in the autumn of that year, was dealt with. According to the complainant, who gave his name to the case called “Melčák”, the law contradicted the Constitution of the Czech Republic. The Constitutional Court actually agreed with him, albeit for slightly different reasons than he had argued, and the early elections were cancelled and the term of office of the then Chamber of Deputies was extended.

In the same year, the Constitutional Court addressed the question of whether a blanket restriction on the right to vote for people with mental illness was possible. In the end, it ruled that restrictions on the right to vote must always be assessed on an individual basis and cannot be applied to all people with mental illness. He thus protected the right to vote of these persons as a fundamental democratic principle.

A few years later, the case of a Muslim pupil who was criticised for wearing religious symbols to school again swept through the Czech Republic. The Czech courts dealt with this issue in the context of the right to freedom of religion and equal treatment. Based on court decisions, the ban on wearing religious symbols may be unconstitutional in some cases.

When the government passed a law in 2017 that banned smoking in restaurants, bars and other public spaces, opponents filed a constitutional complaint due to restrictions on freedom of establishment and personal liberty. In this case, however, the Constitutional Court ruled that the protection of public health was a public interest overriding personal freedoms.

Summary

Constitutional law is a key element of any legal system. It ensures that the state operates according to clear rules, protects the rights of citizens and prevents abuses of power. Although the Constitution is often seen as fixed and immutable, history shows that it is constantly evolving and adapting to new challenges.

Are you solving a similar problem?

Dostupný advokát team of online lawyers will solve it for you.

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

Preset Prices
When you order, you know what you will get and how much it will cost.
Online and in person
We handle everything online or in person at one of our 4 offices.
We Work Fast
We handle 8 out of 10 requests within 2 working days.
Experienced Team
We have specialists for every field of law.

Has this content helped you? Give it a rating

No rating yet. Be first to rate and help others.

Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

Reviews of the Dostupný advokát service

Recenze služby

Tomáš Hrdlička, Nové Strašecí

I felt very uncomfortable meeting an attorney in person. But Dostupný advokát managed to solve everything for me online. I bought a consultation because my employer had sent me for a long term business trip to an exotic country with no explanation, and I wanted to be sure what my rights in this situation were. The Skype consultation was very pleasant and the service was fast. I can fully recommend them.

Recenze služby
Internet Portal Designer

Filip Rufer, Prague

Dostupný advokát updated the terms of a contract for our web portal studentino.cz, to insure that they were in strict accordance with the GDPR (General Data Protection Regulation). The entire process was done online and for reasonable price.

Recenze služby

Ms Magic, Google reviews

Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality legal services affordable for the average person. I find their prices very fair when compared to what I’ve usually paid for similar services, which means I (and my family and friends) can get the legal help I need without worrying about some black hole of never-ending fees. In my own experience with DA I’ve found everyone there very responsive, and emails and calls are answered in a timely manner. Their large staff also gives me confidence that any legal needs I have can be handled professionally, as there’s always someone with experience in my particular issue. Their head attorney also writes a regular blog and keeps up with all the latest legal trends, which means they as a business stay up-to-date. As someone who’s spent a fortune over the years on legal assistance, or tried to “go it alone” when I couldn’t afford legal help, I wish Dostupny Advokat had been around a long time ago. I highly encourage anyone who needs legal help to TRY THEM FIRST!

View All Testimonials

You could also be interested in

We can also solve your legal problem

In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.

Google reviews
4.9
Facebook reviews
5.0
5 200+ people follow our Facebook
140+ people follow our X account (Twitter)
140+ people follow our LinkedIn
 
We can discuss your problem online and in person

You can find us in 4 regional towns

Quick contacts

+420 775 420 436
(Mo–Fri: 8–18)
We regularly comment on events and news for the media