Drobečková navigace

Provisional Constitution

The Constitutional development of Czechoslovakia began with the declaration of independence adopted by the Czechoslovak National Assembly on 28 October 1918 and with the subsequent Act no. 11/1918 Sb., on the establishment of the independent Czechoslovakian state. This Act has constituted the normative core of the Czechoslovak legal order, as well as of the Czech and Slovak law, because all the legislation has been based on it. The act itself is not derived from the previous Austrian or Hungarian law; in fact, it was a revolutionary act in relation to these legal orders. Although it was the first act adopted, it received number 11 in the newly established Journal of Laws and Regulations of the Czechoslovak state. It is generally referred to as “the reception norm” because the legal order of the new Czechoslovak state was created by the reception of Austrian and Hungarian law. In this phase, the Czechoslovak state was established without the specification of the form of government, all the powers of central Austrian authorities were delegated to the National Assembly. The National Council's declaration of the Czechoslovak nation of 30 October 1918 on the inclusion of Slovakia in the new Czechoslovak state was one of the political sources of the state.

The revolutionary period ended on 13 November 1918 with the adoption of the Provisional Constitution no. 37/1918 Coll., which came into effect on 14 November 1918. The Provisional Constitution was enacted as an ordinary act because the category of constitutional acts would not exist within the then-existing law. Still, the Provisional Constitution could have only been amended by a qualified majority of two thirds of the present deputies and the quorum was at least two thirds of all deputies. The Provisional Constitution laid down the republican form of government. With only 21 sections, it has been the briefest constitution in our history.

The President of the Republic was the head of state. He was elected by the National Assembly at the presence of two-thirds of all deputies by a two-thirds majority of the deputies present. President's term of office was not specified and lasted until the presidential election according to the final Constitution. President had the ordinary presidential competences – he represented the state in its relation with other states, he declared war pursuant to the resolution of the National Assembly and laid before the National Assembly for approval peace treaties which had been concluded, was the commander-in-chief of the armed forces, appointed military officers, state officials and judges of the sixth class upward, might have pardoned or commuted sentences as well as legal consequences of crimes. The President had the right to veto any bill passed by the National Assembly within eight days from its adoption. However, the veto could have been overturned if the National Assembly reaffirmed its initial resolution. The executive power exercised by the President of the Republic required the countersignature of a designated responsible member of the Government. President took an oath before the National Assembly, however, it was not a condition for taking up the function. If the President was abroad, the execution of his functions appertained to the Government. This was a reflection of President Masaryk being abroad when elected.

The Constitution introduced the form of parliamentary republic which, however, was initially shifted towards the assembly form of government. The shift was visible especially with regard to the way of the Government's constituting. The Government was elected by the National Assembly, which had the power to recall the Government by expressing a lack of confidence in the Government at any time. The members of the Government took an oath before the National Assembly. The Constitution itself established the number of Government's members at 17. The National Assembly elected the Prime Minister and other members of the government without assigning them to a particular department. The Government chose from among the members a deputy Prime Minister and allocated particular departments to its members. The quorum for the Government's decision-making was 10 members, including Prime Minister and deputy Prime Minister. Every motion for a vote of lack of confidence was to be signed by not less than one fourth of deputies and it was adopted if more than half of deputies were present and if a simple majority of those present was obtained. The Government had a competence to enact decrees signed by the Prime Minister and no less than nine ministers.

The National Assembly was a single-chamber parliament created by the extension of the National Committee to 256 members. The members were delegated by political parties according to the 1911 parliamentary election results. A member of the National Assembly was no longer he who lost his legal capacity, and who, after being sentenced for a crime, was stripped of his membership by the decision of the National Assembly, which would decide by a two-thirds majority of the present members. Unlike the National Committee, the National Assembly did not possess all the state power. Still, its position within the system was dominant, especially until the adoption of the first constitutional amendment in 1919, which ascribed the power to elect members of the Government to the president to the detriment of the National Assembly. The Assembly gained the exclusive legislative power, which implied a centralistic interference with the then-existing legislative power of the Czech, Moravian and Silesian regional assemblies. One third of the Deputies constituted a quorum of the National Assembly. A simple majority of the present Deputies was required for the adoption of a resolution. The presence of two-thirds of all Deputies and the consent of two-thirds of the present Deputies was required for amending the Provisional Constitution, the Law on Basic Rights of Citizens and the Law of 9 November 1918 on Personal Immunity of Members of the National Assembly, for election of the President of the Republic and, finally, for the adoption of a resolution declaring a state of war.

The Constitution did not deal with the judiciary except for stating that judgments and decisions would be given in the name of the Republic. However, the judicial hierarchy remained in place according to the reception norm. Moreover, the Supreme Court (Act no. 5/1918 Coll.) and Supreme Administrative Court (Act no. 3/1918 Coll.) were created on 2 November 1918.

The Provisional Constitution ceased to apply as from 6 March 1920 on the day when the new constitution no. 121/1920 Coll. came into effect.