The Constitution of the Czech Republic is the cornerstone of our legal system. It is the document that determines the form of the state, the separation of powers and ensures the protection of fundamental rights and freedoms. Alongside it, there are also constitutional laws which, together with the Constitution, form the so-called constitutional order of the Czech Republic. Why is the Constitution so important, what does its title contain and what is the significance of its preamble?
The Constitution of the Czech Republic is the fundamental law of the state and stands at the apex of the legal order. No other law may contradict the Constitution, which is why it is called the “cornerstone” of the democratic system. While ordinary laws are passed by a simple majority in the Chamber of Deputies and the Senate, the Constitution and constitutional laws require a special procedure and a higher number of votes.
The Constitution of the Czech Republic was adopted on 16 December 1992 and came into force on 1 January 1993, the day the independent Czech Republic was established. Since then, it has determined how our state functions, who represents the legislative, executive and judicial branches of government, and guarantees the protection of our rights and freedoms.
While ordinary laws can be amended relatively easily, the Constitution is difficult to amend. This is what ensures its stability and the confidence of citizens that the basic rules of the state will not be subject to the political mood of the moment.
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When we talk about the Constitution of the Czech Republic, we often mean the entire constitutional order of the Czech Republic. This includes the Constitution of the Czech Republic, the Charter of Fundamental Rights and Freedoms and some other constitutional laws that complement and develop the constitutional framework.
The constitutional order thus forms a kind of “package of documents” which together constitute the highest legal force. In practice, this means that no law, decree or regulation may contradict the constitutional order. If it does, the Constitutional Court will intervene and abolish the unconstitutional norm.
Right at the beginning we find the solemn part – the so-called preamble of the Constitution. It is not of a legal normative nature, but it is a symbol of the values on which our state is based. It speaks of the citizens of the Czech Republic, their sovereignty, loyalty to traditions, respect for human rights, democracy and willingness to be part of Europe.
The Preamble therefore serves as the values framework on which the Constitution is based. It recalls the historical roots of Czech statehood and at the same time shows a move towards modern democratic principles.
We, the citizens of the Czech Republic in Bohemia, Moravia and Silesia, at the time of the restoration of the independent Czech state, faithful to all the good traditions of the ancient statehood of the lands of the Czech Crown and Czechoslovak statehood, determined to build, protect and develop the Czech Republic in the spirit of the inviolable values of human dignity and freedom as a homeland of equal, free citizens who are aware of their duties towards others and their responsibility towards the whole, as a free and democratic state, based on respect for human rights and the principles of civil society, as part of the family of European and world democracies, determined to jointly guard and develop the inherited natural and cultural, material and spiritual wealth, determined to be governed by all proven principles of the rule of law, we, through our freely elected representatives, adopt this Constitution of the Czech Republic.
The Constitution of the Czech Republic is divided into eight titles. Each of them is devoted to a specific area of the functioning of the state. Let us introduce them in more detail:
Title One – Basic Provisions
This part defines the Czech Republic as a sovereign, democratic state governed by the rule of law. It determines that the people are the source of all state power and enshrines the principles of the political system – for example, plurality of political parties and separation of state powers.
Title Two – Legislative Power
This deals with the functioning of the Parliament of the Czech Republic, which is bicameral – it consists of the Chamber of Deputies and the Senate. The chapter describes the powers of the two chambers, their functioning, the legislative process and how laws are passed.
Title Three – Executive Power
Describes the position of the President of the Republic as Head of State and the Government as the supreme organ of the executive branch. It deals with their powers, responsibilities and relationship to Parliament.
Title Four – Judicial Power
Ensures the independence of the judiciary. It establishes the existence of the Constitutional Court, which protects constitutionality, and the system of general courts headed by the Supreme Court and the Supreme Administrative Court.
Title Five – Supreme Audit Office
This office is responsible for auditing the management of state property and the implementation of the state budget. It ensures transparency and accountability in the management of public funds.
Title Six – Czech National Bank
Regulates the position of the CNB as the central bank of the State, whose main task is to ensure price stability. It also guarantees its independence from the government.
Title Seven – Local government
It enshrines the right of citizens to participate in self-government through municipalities and regions. The latter have their own bodies and decide independently on matters entrusted to them.
Title Eight – Transitional and final provisions
Contains rules relating to the transition from Czechoslovakia to the independent Czech Republic and technical issues related to the entry into force of the Constitution.
Tip: Constitutional law has evolved over centuries, with its roots going back deep into history. From prehistoric tribal orders to modern constitutions as we know them today, the inhabitants of each state have gradually discovered, or if you like, determined their own rules. To what form have we refined constitutional law?
In addition to the Constitution itself, there are other legal provisions with the same legal force, namely constitutional laws. These are adopted by a more complex procedure – they require the approval of a three-fifths majority of all MPs and senators present.
These constitutional laws include, for example, the Charter of Fundamental Rights and Freedoms, the Constitutional Law on the Security of the Czech Republic or constitutional laws that amend and supplement the Constitution itself.
Constitutional laws, together with the Constitution, constitute the constitutional order of the Czech Republic. The latter is the highest in terms of hierarchy and is therefore an uncrossable boundary in the legal system.
One of the greatest strengths of the Constitution of the Czech Republic is its stability. Since its adoption in 1993, it has been amended several times, but always only to a limited extent. The fundamental principles on which it is based, i.e. democracy, the rule of law, the separation of powers and the protection of fundamental rights and freedoms, remain firm and unchanged. As a result, the Constitution provides a solid framework on which both state institutions and citizens themselves can rely.
This stability provides legal certainty – people and public authorities know that the rules of the game will not change according to the political mood of the moment. It ensures continuity in the functioning of the state and strengthens citizens’ trust in the democratic system.
Compared to some other countries, the Czech constitution is exceptionally concise and clear. It has only eight heads and a few dozen articles, whereas constitutions in other countries often contain hundreds of pages and undergo frequent fundamental changes. This spare but clear approach enhances its authority and clarity.
Equally important is the role of the Constitutional Court. The Court acts as the guardian of the constitutional order and has the power to strike down laws that would contravene the Constitution. It thus ensures that even ordinary legislation and the actions of state bodies are always subject to the supreme legal document. It is this oversight function that is crucial for maintaining the balance of power in the state and for protecting citizens from possible excesses by the political authorities.
The Constitution of the Czech Republic is thus not just a historical document, but a living instrument that permanently protects democracy and the rights and freedoms of everyone.
The Constitution of the Czech Republic is the supreme law of the state and the foundation of our legal order. It was adopted in December 1992 and came into force on 1 January 1993 with the establishment of the independent Czech Republic. Together with the Charter of Fundamental Rights and Freedoms and other constitutional laws, it forms the constitutional order of the Czech Republic, which stands at the top of the hierarchy of legal provisions and ensures the protection of democracy, human rights and the separation of powers. The Constitution has eight titles, which regulate the basic character of the state, the functioning of the legislative, executive and judicial powers, territorial self-government and the status of institutions such as the Supreme Audit Office and the Czech National Bank. An important value framework is the Preamble to the Constitution, which recalls traditions, human dignity, freedom and democratic principles. Constitutional laws, such as the Constitutional Law on Security of the Czech Republic, are adopted through a more complex procedure and, together with the Constitution, ensure the stability of the legal order. The Czech Constitution is clear and concise, its basic principles remain unchanged and provide legal certainty for citizens and institutions. The guardian of its observance is the Constitutional Court, which ensures that no law or action of state bodies contravenes the constitutional order.
A set of documents with the highest legal force: the Constitution, the Charter of Fundamental Rights and Freedoms and other constitutional laws.
The Constitution has eight titles in total – from the basic provisions to the final rules.
Ordinary laws are passed by a simple majority, while constitutional laws require a three-fifths majority of MPs and senators.
The preamble is more symbolic and value-based – it expresses the values on which the state is built.
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