{"product_id":"the-constitution-of-czechia-a-contextual-analysis-9781509920532","title":"The Constitution of Czechia: A Contextual","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution.   The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments.    This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eThe book presents a perfect insight into the Czech constitutional system for a wider international audience. I have used the book in my course of Constitutional Law for Czech law students as a tool for introducing an \"outer\" view on the Czech constitutional system within the area of comparative constitutional law and as a tool for an explanation on how to write about the national legal issues for a wider international audience. -- Dr Lukáš Lev Cervinka * Charles University *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1. The Rise of Czech Constitutionalism: History and Context  I. The Rise and Fall of the Kingdom of Bohemia  II. Influence of Foreign Legal Cultures  III. Czech Constitutional Scholarship and its Changing Role Over Time IV. Inter-war Czechoslovakia  V. The Communist Legacy  VI. Democratic Transition and Dealing with the Past  VII. The Dissolution of Czechoslovakia  VIII. Return to Europe  IX. Where are the People?  X. Conclusion  Further Reading    2. The Challenge of a Pluralist Constitution  I. Drafting the 1993 Constitution  II. The Pluralist Constitution  III. The Eternity Clause  IV. International and Supranational Sources  V. Super-statutes  VI. Constitutional Conventions  VII. Judicial Decisions as a Source of Constitutional Law  VIII. Conclusion  Further Reading    3. Constitutional Principles  I. The Democratic Principle  II. The \u003ci\u003eRechtsstaat \u003c\/i\u003ePrinciple  III. Principle of the Separation of Powers  IV. Principle of Sovereignty  V. Principle of the Unitary State  VI. Protection of Fundamental Rights  VII. The Implicit Welfare State Principle  VIII. Conclusion  Further Reading    4. The Czech Parliament  I. Basic Structure: The Chamber of Deputies and the Senate  II. Competences of the Parliament and its Chambers  III. The Procedural Limits of Parliamentary Power  IV. Parliamentary Elections and the Czech Political Party System in Turmoil  V. Scandals, Corruption and Immunities  VI. Conclusion  Further Reading    5. The Growing Tension within the Double-Headed Executive  I. The Challenge of a Double-Headed Executive  II. Over-achieving President and Under-achieving Governments  III. The State of Emergency and the Hidden Powers of the Executive  IV. The Quest to Depoliticise the State Administration  V. Conclusion  Further Reading    6. Local Governance  I. The Centre and the Periphery  II. The Structure of Territorial Self-Governance  III. Election of Municipal and Regional Bodies  IV. Direct Democracy at the Local Level  V. The Rise of the Municipal Power  VI. It is All About Taxes and EU Subsidies  VII. Local Self-Governance in the EU  VIII. Conclusion: Towards Moderate Decentralisation  Further Reading    7. The Judicial Branch  I. Setting the Scene: Key Players within Czech Judicial Politics  II. Who are the Czech Judges?  III. The Constitutional Court  IV. Basic Features of the Ordinary Judiciary  V. Civil and Criminal Courts  VI. Administrative Courts  VII. Prohibition of Special Courts and Tribunals  VIII. The War(s) of the Courts  IX. Czech Courts and European Supranational Courts: A Complicated Relationship  X. Constitutional Politics of the Judicial Branch  XI. Conclusion: From the Judicialisation of Politics to the Politicisation of the Judiciary  Further Reading    8. Human Rights Constitutionalism  I. The Charter and the Rest: The Pluralist Nature of Human Rights Protection in Czechia  II. How to Challenge the State: Constitutional Review, General Courts, Administrative Review and the Ombudsman  III. Human Dignity as a Fundamental Right?  IV. Proportionality as a Key Unifying Principle?  V. Positive Obligations and the Challenge of Socio-economic Rights  VI. Public\/Private Distinction and the Importance of \u003ci\u003eDrittwirkung \u003c\/i\u003e VII. The Influence of the European Convention on Human Rights  VIII. Selective Judicial Activism – Expounding or Expanding Human Rights?  IX. Conclusion  Further Reading    Conclusion: Dynamics of Constitutional Change and the Search for Constitutional Identity  I. Formal Amendments in a Rigid System  II. Constitutional Interpretation and Informal Amendments as a Mechanism of Constitutional Change  III. The Unconstitutional Constitutional Amendments Doctrine  IV. Conflicting Legacies and the Search for Constitutional Identity  V. Concluding Remarks: A Danger of Democratic Backsliding?","brand":"Bloomsbury Publishing PLC","offers":[{"title":"Default Title","offer_id":51019975885143,"sku":"9781509920532","price":85.5,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781509920532.jpg?v=1750781940","url":"https:\/\/bookcurl.com\/products\/the-constitution-of-czechia-a-contextual-analysis-9781509920532","provider":"Book Curl","version":"1.0","type":"link"}