Law Of The Czech Republic
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Law Of The Czech Republic
Czech law, often referred to as the legal order of the Czech Republic ('), is the system of legal rules in force in the Czech Republic, and in the international community it is a member of. Czech legal system belongs to the Germanic branch of continental legal culture ( civil law).Bobek, Michal"UPDATE: An Introduction to the Czech Legal System and Legal Resources Online. "''GlobaLex''. Hauser Global Law School Program, New York University School of Law, Sept. 2009. Web. 07 Dec. 2012. Major areas of public and private law are divided into branches, among them civil, criminal, administrative, procedural and labour law, and systematically codified. Written law is the basis of the legal order, and the most important source of law are: legal regulations (acts of parliament, as well as delegated legislation), international treaties (once they have been ratified by the parliament and promulgated), and such findings of the Constitutional Court of the Czech Republic, in which a statute o ...
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Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The Czech Republic has a hilly landscape that covers an area of with a mostly temperate continental and oceanic climate. The capital and largest city is Prague; other major cities and urban areas include Brno, Ostrava, Plzeň and Liberec. The Duchy of Bohemia was founded in the late 9th century under Great Moravia. It was formally recognized as an Imperial State of the Holy Roman Empire in 1002 and became a kingdom in 1198. Following the Battle of Mohács in 1526, the whole Crown of Bohemia was gradually integrated into the Habsburg monarchy. The Protestant Bohemian Revolt led to the Thirty Years' War. After the Battle of White Mountain, the Habsburgs consolidated their rule. With the dissolution of the Holy Empire in 1806, the Cro ...
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Rechtsstaat
''Rechtsstaat'' (lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in Dutch and German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity". A ''Rechtsstaat'' is a constitutional state in which the exercise of governmental power is constrained by the law. It is closely related to "constitutionalism" while is often tied to the Anglo-American concept of the rule of law, but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity). Thus it is the opposite of ''Obrigkeitsstaat'' or ''Nichtrechtsstaat'' (a state based on the arbitrary use of power), and of ''Unrechtsstaat'' (a non-''Rechtsstaat'' with the capacity to become one after a period of historical development). In a ''Rechtsstaat'', the power of the state is ...
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President Of The Czech Republic
The president of the Czech Republic is the head of state of the Czech Republic and the commander-in-chief of the Armed Forces of the Czech Republic. The president mostly has ceremonial powers as the day-to-day business of the executive government is placed within the prime minister, and since many of the president's actions require prime ministerial approval the ultimate responsibility for the president's conduct lies with the government. However, the president is solely responsible for appointing the prime minister, the Cabinet ministers, as well as the members of the Czech National Bank, and nominating justices to the Constitutional Court, who are subject to Senate approval, among others. The current president, Miloš Zeman, assumed the office on 8 March 2013. He was re-elected in 2018. Powers The framers of the Constitution of the Czech Republic intended to set up a parliamentary system, with the prime minister as the country's leading political figure and the de facto chi ...
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Senate Of The Parliament Of The Czech Republic
The Senate (), literally "Senate of the Parliament of the Czech Republic", is the upper house of the Parliament of the Czech Republic. The seat of the Senate is Wallenstein Palace in Prague. Structure The Senate has 81 members, chosen in single-seat constituencies through the two-round system. If no candidate receives a majority of votes in the first round, there is a second round between the two highest-placed candidates. The term of office for Senators is six years, and elections are staggered so that a third of the seats are up for election every two years. A candidate for the Senate does not need to be on a political party's ticket (unlike in the Chamber of Deputies). The Senate has one President and four Vice-presidents. Its members participate in specialised committees and commissions. The Senate Chancellery has been created to provide professional, organisational and technical services. The Senate occupies several historical palaces in centre of Prague, in Malá St ...
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Chamber Of Deputies Of The Parliament Of The Czech Republic
The Chamber of Deputies, officially the Chamber of Deputies of the Parliament of the Czech Republic ( cs, Poslanecká sněmovna Parlamentu České republiky), is the lower house of the Parliament of the Czech Republic. The chamber has 200 seats and deputies are elected for four-year terms using the party-list proportional representation system with the D'Hondt method. Since 2002, there are 14constituencies, matching the Czech regions. A Cabinet is answerable to the Chamber of Deputies and the Prime Minister stays in office only as long as they retain the support of a majority of its members. The quorum is set by law to one third (67) of elected deputies. Any changes to the constitutional laws must be approved by at least 60 percent of the Chamber of Deputies. The seat of the Chamber of Deputies is the Thun Palace in Malá Strana, Prague. Electability and mandate Every citizen of the Czech Republic over 21 years old with the right to vote is eligible to be elected. The Deputy may ...
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Parliament Of The Czech Republic
The Parliament of the Czech Republic ( cs, Parlament České republiky) or just Parliament ( cs, Parlament) is the legislative body of the Czech Republic, seated in Malá Strana, Prague. It consists of two chambers, both elected in direct elections: * the Lower House: Chamber of Deputies * the Upper House: Senate Art. 15 of the Constitution stipulates its name as the "Parliament". The Parliament exercises competences usual in parliamentary systems: it holds and passes bills, has the right to modify the Constitution, ratifies international agreements; if necessary, it declares war, approves presence of foreign military forces in the Czech Republic or a dispatch of Czech military forces abroad. History The tradition of modern parliamentarianism in the Bohemian lands dates back to times of the Austrian Empire (and then Cisleithanian part of Austria-Hungary), where the Imperial Council (''Reichsrat'', ''Říšská rada'') was created in 1861. After proclamation of Czechoslo ...
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Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ...
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Entrenched Clause
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Constitution of Brazil, Brazil, the Constitution of the Czech Republic, Czech Republic, Constitution of Germany, Germany, Constitution of Greece, Greece, Constitution of India, India, Constitution of the Islamic Republic of Iran, Iran, Constitution of Italy, Italy, Constitution of Morocco, Morocco, Constitution of Norway, Norway, and Constitution of Turkey, Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolishment or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eterni ...
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Constitutional Order Of The Czech Republic
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines ...
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Constitutional Act Of The Czech Republic
A constitutional act, with respect to the laws of the Czech Republic, is an act which can change the Constitution of the Czech Republic, provisions of the Charter of Fundamental Rights and Basic Freedoms, the conditions under which the citizenry may exercise state power directly, or the exterior or interior frontiers of the territory of the Czech Republic.Constitution of the Czech Republic, Art. 9Constitution of the Czech Republic, Art. 11Constitution of the Czech Republic, Art. 2Constitution of the Czech Republic, Art. 112Constitution of the Czech Republic, Art. 100 Passage of such an act can only be accomplished through the agreement of 3/5 of all Deputies and Senators present at the time the proposed act is laid before each house of Parliament.Constitution of the Czech Republic, Art. 39 It is the only type of legislation which does not require the signature of the President to become law.Constitution of the Czech Republic, Art. 50 Furthermore, it is the only type of legislati ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from Sovereign state, sovereign countries to Company, companies and unincorporated Club (organization), associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organiza ...
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