Position of the Democratic Club No 45 - Concerning the campaign against the Constitutional Court of the Czech Republic
We currently are witnessing sharp attacks by some leading Czech politicians against the Czech Constitutional Court in connection with its decision on the unconstitutionality of the law which in a single decision shortens the present electoral term of the Chamber of Deputies of the Czech Parliament. The Constitutional Court is being singled out as the culprit of the current political crisis, although this had originated long before the criticized decision, especially as a consequence of the government being recalled during the Czech presidency of the EU Council. There have even appeared claims for Parliament to modify its competence.
Democratic Club finds these attacks as highly disconcerting. It believes that the division of power into legislative, executive and legal is a necessary attribute of democracy. Each derives its legitimacy from a different source, and only under these conditions their effective mutual cooperation and control can be achieved. The meaning of the Court's activity is the guaranty of constitutionality of legislative acts of both as further components of power. In making decisions it must come out solely from the legal code of the state, and that even in case its statements evoke disagreement among most citizens. Constitutional Code serves to protect the rights of all citizens, i.e., also minorities. Without it, it wouldn't be possible to speak about a legal state, and consequently nor about a democratic state. It would be a reign of despotism at the worst.
Democratic Club is well aware of the fact that in West European democracies any external requests for any intended statements of similar courts are considered as unacceptable, and the statements of these courts are fully respected. This conception is part of a highly developed democratic political culture, which our society will have to acquire if a real level of a democratic legal state is to be maintained or raised.
Democratic Club therefore asks all politicians, newsmen and all other public officials to put an abrupt end to any attacks against the Court in the interest of building a Czech democratic legal state, and to respect those statements by the Court which are in conflict with their own particular aims.October 10, 2009
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