The Constitution of the Czech Republic: What Does Our Country’s Fundamental Law Say?

Quick Overview

• The Constitution of the Czech Republic is the fundamental law of the state and the basis of its constitutional order.
• It has been in effect since January 1, 1993, and consists of a preamble and eight chapters.
• Together with the Charter of Fundamental Rights and Freedoms and other constitutional laws, it forms the constitutional order of the Czech Republic.
• It defines, for example, the status of Parliament, the President, the Government, the courts, the Czech National Bank, and local governments.
• The Constitution may be amended or supplemented only by a constitutional law, the adoption of which requires a qualified three-fifths majority.

If you believe that a public authority has infringed upon one of your fundamental rights, you do not have to determine on your own whether this constitutes a constitutional issue. Describe your case to us, and our attorneys will assess what course of action is appropriate.

What Is the Constitution and Why Is It Important?

The Constitution of the Czech Republic is the fundamental law of the state and stands at the apex of the legal system. No other regulation may conflict with the Constitution, which is why it is called the “cornerstone” of the democratic system. While ordinary laws are passed by the Chamber of Deputies and the Senate by a simple majority, the Constitution and constitutional laws require a special procedure and a higher number of votes.

The Constitution of the Czech Republic was adopted on December 16, 1992, and took effect on January 1, 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, 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 precisely what ensures its stability and the citizens’ confidence that the fundamental rules of the state will not be subject to momentary political whims.

What Does the Constitutional Order Encompass?

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 certain other constitutional laws that supplement and expand upon the constitutional framework.

The constitutional order thus forms a sort of “package of documents” that, taken together, constitutes the highest legal authority. In practice, this means that no law, decree, or regulation may conflict with the constitutional order. If such a conflict were to arise, the Constitutional Court would intervene and strike down the unconstitutional provision.

Preamble to the Constitution

Right at the beginning, we find a ceremonial section—the so-called preamble to the Constitution of the Czech Republic. It has no legal or normative character but serves as a symbol of the values upon which our state is founded. 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 thus serves as the framework of values upon which the Constitution is based. It recalls the historical roots of Czech statehood while also pointing toward modern democratic principles.

We, the citizens of the Czech Republic in Bohemia, Moravia, and Silesia, at a time when the independent Czech state is being restored, faithful to all the noble traditions of the ancient statehood of the Lands of the Bohemian Crown and of 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 toward others and their responsibility toward the whole; as a free and democratic state, founded on respect for human rights and the principles of civil society; as part of the family of European and global democracies; determined to jointly safeguard and develop our inherited natural and cultural, material and spiritual wealth, and determined to abide by all the proven principles of the rule of law, we, through our freely elected representatives, hereby adopt this Constitution of the Czech Republic.

Titles of the Constitution of the Czech Republic

The Constitution of the Czech Republic is divided into eight chapters. Each chapter addresses a specific area of the state’s functioning. Let’s take a closer look at them:

Title I – Fundamental Provisions

This section defines the Czech Republic as a sovereign, democratic state governed by the rule of law. It establishes that the people are the source of all state power and enshrines the principles of the political system—such as the plurality of political parties and the separation of powers.

Chapter Two – Legislative Power

This section addresses the functioning of the Parliament of the Czech Republic, which is bicameral—comprising the Chamber of Deputies and the Senate. It describes the powers of both chambers, their functioning, the legislative process, and the procedures for passing laws.

Chapter Three – The Executive Branch

It describes the role of the President of the Republic as head of state and the government as the supreme body of the executive branch. It addresses their powers, responsibilities, and relationship with Parliament.

Chapter Four – The Judicial Branch

It ensures the independence of the judiciary. It establishes the Constitutional Court, which safeguards constitutionality, and a system of general courts headed by the Supreme Court and the Supreme Administrative Court.

Title V – The 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 use of public funds.

Title Six – The Czech National Bank

This chapter defines the status of the Czech National Bank (ČNB) as the country’s central bank, whose primary task is to maintain price stability. It also guarantees the bank’s independence from the government.

Chapter Seven – Local Self-Government

It enshrines the right of citizens to participate in self-government through municipalities and regions. These have their own governing bodies and make independent decisions on matters entrusted to them.

Chapter Eight – Transitional and Final Provisions

It contains rules related to the transition from Czechoslovakia to the independent Czech Republic, as well as technical matters concerning the Constitution’s entry into force.

What Are Constitutional Laws

In addition to the Constitution itself, there are other legal acts with the same legal force: constitutional laws. These are adopted through a more complex procedure —they require the approval of a three-fifths majority of all members of the Chamber of Deputies and senators present.

Examples of such constitutional laws include the Charter of Fundamental Rights and Freedoms, the Constitutional Law on the Security of the Czech Republic, and constitutional laws that amend and supplement the Constitution itself.

Constitutional laws, together with the Constitution, form the constitutional order of the Czech Republic. This constitutional order is supreme in the hierarchy of laws and therefore constitutes an insurmountable boundary within the legal system.

Why It Is Important to Have a Solid Foundation for the State

One of the greatest strengths of the Constitution of the Czech Republic is its stability. Although it has been amended several times since its adoption in 1993, these changes have always been limited in scope. The fundamental principles upon which it is based—namely, democracy, the rule of law, the separation of powers, and the protection of fundamental rights and freedoms—remain firm and unchanging. Thanks to this, the Constitution provides a solid framework on which both state institutions and citizens themselves can rely.

Can absolutely everything in the Constitution be changed?

No. The Constitution also contains a provision that is often referred to as the “substantive core” of the Constitution. According to Article 9, paragraph 2, changes to the essential elements of a democratic state governed by the rule of law are impermissible. Thus, not even a sufficiently large parliamentary majority can use a constitutional law to eliminate the very foundations of a democratic state governed by the rule of law. It is precisely this safeguard that is intended to prevent the democratic system from being abolished simply by amending a law.

When the Constitution Blocked Early Elections: The Melčák Case

Thewell-known case of MP Miloš Melčákin 2009 demonstrated that this is not merely a theoretical matter . At that time, Parliament passed a one-time constitutional law intended to shorten the term of the Chamber of Deputies and allow for early elections. However, the Constitutional Court struck it down, ruling that it interfered with the essential elements of a democratic state governed by the rule of law, which, according to Article 9, paragraph 2, of the Constitution, cannot be altered even by a constitutional law.

The case clearly demonstrated that even the constituent power cannot alter the fundamental principles of a democratic state governed by the rule of law without restriction.

Compared to many foreign constitutions, the Czech Constitution is relatively concise. It consists of a preamble, eight chapters, and 113 articles, which set forth the fundamental principles of the state and the status of its most important institutions. In contrast, constitutions in other countries often run to hundreds of pages and undergo frequent fundamental changes. This concise yet clear approach strengthens the Constitution’s authority and clarity.

Equally important is the role of the Constitutional Court. It acts as the guardian of the constitutional order and has the power to strike down laws that would be inconsistent with the Constitution. In this way, it ensures that even ordinary legislation and the actions of state authorities are always subject to the supreme legal document. It is precisely this oversight function that is key to maintaining the balance of powers within the state and to protecting citizens from possible abuses by political authorities.

Do you believe that a decision by an administrative authority or a court has infringed upon your fundamental rights? A constitutional complaint is subject to precisely defined conditions and, as a rule, must be preceded by the exhaustion of other remedies. Our attorneys will assess your case and advise you on the best course of action.

The Constitution of the Czech Republic is thus not merely a historical document, but a living instrument that continuously protects democracy, the rights, and the freedoms of each and every one of us.

Summary

The Constitution of the Czech Republic is the fundamental law of the state and, since January 1, 1993, has established the basic rules governing the functioning of the Czech Republic. It consists of a preamble and eight chapters devoted, for example, to the fundamental principles of the state, Parliament, the President and the Government, the courts, the Czech National Bank, and local self-government. Together with the Charter of Fundamental Rights and Freedoms and other constitutional laws, it forms the constitutional order of the Czech Republic. The Constitution may be amended only by a constitutional law, and any amendment that would undermine the essential elements of a democratic state governed by the rule of law is impermissible. The protection of constitutionality is ensured primarily by the Constitutional Court.