Book contents
- European Constitutional Courts and Transitions to Democracy
- ASCL Studies in Comparative Law
- European Constitutional Courts and Transitions to Democracy
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgments
- Notes on the Text
- Introduction
- 1 Democratic Transitions and Constitutional Courts
- 2 The First Generation
- 3 The Second Generation
- 4 The Third Generation
- 5 Comparing Three Generations
- Bibliography
- Index
4 - The Third Generation
The Case of the Constitutional Court of the Czech Republic
Published online by Cambridge University Press: 05 December 2019
- European Constitutional Courts and Transitions to Democracy
- ASCL Studies in Comparative Law
- European Constitutional Courts and Transitions to Democracy
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgments
- Notes on the Text
- Introduction
- 1 Democratic Transitions and Constitutional Courts
- 2 The First Generation
- 3 The Second Generation
- 4 The Third Generation
- 5 Comparing Three Generations
- Bibliography
- Index
Summary
Chapter 4 examines the role of the Constitutional Court of the Czech Republic, which in the first decade of its operation (from 1993 to the beginning of the new millennium) dealt mainly with the protection of fundamental rights, as well as with cases concerning transitional justice. With reference to this matter, the Court was called on to rule on particularly divisive issues concerning the country’s past, such as the law on the illegitimacy of the Communist regime, the laws on the restitution of property, as well as the “lustration laws,” which were aimed at preventing individuals involved with the Communist regime, or considered to be in favor of a return to Communism, from occupying higher positions in the state apparatus for a certain period. Compared to the previous generations, a distinguishing feature of this third generation of courts is the interplay between the democratic transition, constitutional justice, and accession to the Council of Europe and the European Union.
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- Information
- European Constitutional Courts and Transitions to Democracy , pp. 134 - 177Publisher: Cambridge University PressPrint publication year: 2020