2. The Czech Republic’s Transition to Democracy

Vít Hloušek

The task of this chapter is to describe the basic outlines of the Czech Republic’s transition

from a non-democratic communist regime to democracy. This chapter will show what kinds

of problems are commonly associated with democratization. It will show how an entire

society changed during a non-democratic regime. This chapter will also show how forty years

of a communist regime severely disrupted the previous democratic tradition of the Czech

people and why it was necessary to rebuild democratic institutions and processes from the

ground up.

The chapter starts with a general introduction that will review the things that had to be

changed in Central Europe after the fall of the communist regime. It will look back at the

democratic tradition in the Czech lands and then describe the effect of forty years of

communist dictatorship.

The heart of the chapter is devoted to describing the process of building new

democratic institutions. It will talk not only about the successes but also the mistakes made by

the Czechs during the process of democratization.

2.1 Transitions to democracy and their contexts

Over the course of history the world has experienced several waves of democratization. The

first wave was in Western Europe and some of the countries of Central Europe during the era

between the French Revolution and the First World War. At that time these countries

developed a political system known as representative democracy, which was described in the

previous chapter. We find democratic politics, or at least attempts at it, outside of Europe as

well; for example, in some Latin American and Asian countries (for example Japan).

A second wave of democratization took place after the end of the Second World War with the

democratization of Germany, Italy, Japan and some post-colonial countries. Europe

experienced a third wave of democratization in the 1970s when right-wing dictatorships fell in

Greece, Portugal, and Spain. Some fifteen years later the communist regimes of Central and

Southeastern Europe fell as well, and this is thought of as the third wave of democratization.

Of all the European countries, the former communist countries faced the most difficult path

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from dictatorship to democracy. The communist regimes lasted a very long time – nearly forty

years. During this time, as we will see, not only were politics changed but the whole society

and economy as well. This greatly complicated the transition to democracy in Central and

Southeastern Europe. In many of these countries, this process has not yet been completed.

The transition to democracy in Central and Southeastern Europe actually consisted of three

processes. These processes were all interrelated:

political democratization and social liberalization;

economic transformation;

the building of a modern nation and state.

a) What exactly do we mean by these terms? Political democratization and social

liberalization is a main fundamental step. It means the reshaping of political

institutions and a change in political culture. But this is not enough by itself. There

must also be changes in the regulatory framework of society. If society is not

sufficiently free, democratic politics cannot work. At the same time there must be a

necessary degree of respect for historic social and religious traditions. Efforts to too-

rapidly overcome these may end up working against freedom and democracy. If space

for a free society is opened up, then actual democratization can occur, and basic

democratic institutions can be created:

parliament;

government;

local and regional self-rule;

independent courts;

independent media;

independent and free political parties.

Laws must also be created that will allow these institutions to democratically function.

b) Economic transformation in countries that were ruled by communist regimes faces a

special set of circumstances. Under communism, these states moved from economies

founded on market principles to state-planned economies. However, over time the

state-planned economies proved to be very inefficient, and the countries of the

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communist bloc fell far behind world economic development and growth. In the end,

dissatisfaction with living standards became one of the strongest reasons why these

regimes fell in the late 1980s/early 1990s. Democratizing societies are faced with the

need to adapt their economies and the laws that regulate them to those more or less

associated with the market model. Various paths are of course possible, but the basics

remain the same. Market economies require free enterprise, free creation of prices,

and especially free trade. Market economies assume that the state will intervene as

little as possible in the economy. This is the kind of economy that can best satisfy a

state’s need to raise the living standard of its population.

c) Building a modern nation and state is a complicated process. In the case of many

Central and Southeast European countries (the Baltic states, the countries of the

former Yugoslavia) this meant definitively achieving the national independence that

they were denied for so many decades. Only under these conditions could the nations

form truly democratic states. With other countries the process of democratization

awakened problems of religion, nationality, or ethnic minorities. Take for example

Slovakia, where a large Hungarian minority demands both political recognition as well

as stature within Slovak society and politics. Any solution is complicated, and it can

take many years until a mutually acceptable solution is arrived at. There are several

possible results:

1. recognition of special status for the particular minority and acknowledgement

of special rights;

2. creation of a fully civic society where nationality and religion play no role;

3. separation of the minority’s territory from the mother state;

4. attempts at non-violent assimilation of the minority;

5. attempts at violent assimilation;

6. attempts at violent elimination of the minority.

Only the first two solutions are truly democratic; the third and fourth solutions are

acceptable under certain circumstances, while the fifth and sixth are absolutely

unacceptable in a democracy.

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Summary

Over the past two centuries there have been three great waves of democratization; the

Czechoslovak transition to democracy in 1989 was part of the third wave.

In Central and Eastern Europe the transition to democracy has been complicated because

it has dealt not only with political issues but also the transformation of the economy and

the building of nations and states..

2.2 The democratic tradition in the Czech lands

Unlike many other countries, the Czech lands had experienced periods of semi-democratic

and completely democratic politics in the past. This experience is important. The memory of

democracy aided in democracy’s restoration after years of totalitarian government and

dictatorship. This does not mean, however, that democracy cannot be built without a

democratic tradition. After all, the Czechs, too, had to learn and build a new democracy at

one point. Furthermore, the example of a state like Japan is also significant. Japan was

defeated in the Second World War; prior to that it never had a truly democratic system.

Democracy was brought by those who defeated Japan militarily. Even so, the regime began to

function and developed successfully.

In the Czech lands, the first attempt at democratization took place more than 150 years

ago. At that time the Czech lands were part of the multi-national and multi-religious Hapsburg

Empire in Central Europe. The Czech effort at political democratization was driven by a

yearning for national emancipation within the empire. The path to a liberalization of society

and an elementary democratization of society was long and winding and took over a half

century to achieve. By the period before the First World War, however, this goal had been

more or less completed.

After World War I the Hapsburg monarchy disintegrated. A number of new states

were created, including the Czechoslovak Republic under which Czechs and Slovaks came

together to create a new type of state. After 1918, Czechoslovakia had already become a truly

democratic state. According to the constitution the main share of power was held by the

parliament, which controlled the government. There was a totally independent judiciary and a

relatively advanced and functional regional and local government. In practice, most of the

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power was concentrated in the hands of the main political parties. These parties controlled the

parliament and the governing majority.

Czechoslovakia was the only country in Central and Southeastern Europe to almost

maintain its democracy until the outbreak of World War II. Shortly before the war the country

was occupied by Nazi Germany, and in Slovakia a German-dominated fascist puppet state

was established. The Czechoslovak democracy between the wars was not without faults,

however. A major problem was the fragmented spectrum of political parties, which made it

impossible to distinguish between the government and the opposition. The biggest problem,

however, was the inability of Czechs to grant truly equal status to other nationalities. The

Slovaks’ demand for autonomy was not satisfied, and ethnic Germans and Hungarians and

other minorities remained alienated from the beginning of the Czechoslovakia (beginning of

what? Czechoslovak democracy?). However, the end of Czechoslovak democracy between

the wars was caused by outside influences when the Czech lands were occupied by Nazi

Germany.

After the Second World War democracy was only partially restored. The number of

authorized political parties was artificially limited. The levers of power in the state began to

be controlled by the Communist Party of Czechoslovakia, and three years after the war it

staged a coup d’etat. Czechoslovakia ceased to be a democracy and became part of the

communist bloc in Central and Southeastern Europe.

Summary

The Czech lands underwent democratization beginning in the mid-nineteenth century.

This development climaxed with the existence of the so-called Czechoslovak First

Republic in 1918-1938.

After the end of World War II, democracy was restored but only partially.

2.3 Impact of the communist regime and the interruption of the democratic

tradition

The communists completely transformed not only politics but also the economy and society.

In the economy they carried out far-reaching nationalization, and before long private

ownership practically ceased to exist. In politics the communists maintained the illusion of

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continuity of democratic institutions. The parliament, government, and courts continued to

exist formally along with the constitution while other political parties were even allowed to

exist alongside the communist party. At first glance these institutions differed little from the

democratic institutions. The reality was something else, however. Power was concentrated in

the hands of a single party – the Communist Party of Czechoslovakia (KSČ). This party

controlled not only all of the political institutions but every social organization (unions, youth

movements, etc.) as well. The courts were not independent but were controlled by party

directive. The Party totally controlled the apparatus of force (army, police), which it used

actively to repress any sign of resistance. People attempting to engage in any opposition

activity were persecuted. During the regime’s first decade, some 150 political prisoners were

executed. The regime remained oppressive since (timeline ‘since’ doesn’t make sense

here) the late 1950s but the sentences were “only” for long years of imprisonment. The

families of these people were persecuted as well, and driven into poverty.

One sign of the regime’s lack of democracy was the way elections were conducted.

Elections were held regularly with the communists demanding maximum participation. They

achieved this by employing targeted repression. The elections were a farce because there was

only one set of candidates from the so-called National Front. These candidates were

controlled by the Communist Party. In addition, the communists falsified the election results.

The elections were designed to give the illusion that the political elites were chosen by the

people, but in reality election results were determined beforehand, down to the smallest detail.

Even worse than the political changes from the standpoint of democracy were the changes

wrought by the communist regime upon Czech society. The traditional structure of society

was completely altered through transfer of wealth. The change created by official ideology

went beyond daily life and economics: ideological control was also imposed on science and

the arts. The Czech education system, among the best in the world before the communist

takeover, was subordinated to the official ideology. The old social and political networks

were basically broken up. After the fall of communism, citizens in society were forced to

rediscover many of the values most important to a functioning democracy:

Responsibility for one’s own life;

Respect for the freedom of others;

The principle of civic involvement in the management of public affairs;

The rule of law.

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While a change in political institutions can be carried out quite quickly, social changes take

place only slowly. It is possible to build a democratic political system; the Czechs

accomplished this within fifteen years. However, it will take much longer for the values

important for democracy lost during the communist regime to take root.

The long era of communist rule took the country far away from its democratic tradition,

which could no longer be relied upon. A great number of things had to be built again from the

beginning. Nevertheless, the Czech Republic benefitted from its ability to draw on the

experience of Western European countries and their long democratic tradition. Consequently,

the Czech example may be of help in shaping democratic institutions and procedures in other

countries.

Summary

The communists after 1948 completely transformed not only politics but the economy and

society as well.

The gravest and most difficult-to-remedy changes caused by the communist regime were

to society itself.

2.4 The fall of the communist regime and beginnings of democracy-building

in the Czech lands

Czechoslovakia was one of the countries of Central and Southeastern Europe seemingly most

tightly controlled by the communist system. The revolution here happened later than in

Poland, Hungary, or the German Democratic Republic. However, the communists left power

very quickly, and the transition to democracy took place quickly and peacefully.

By the late 1980s it was clear that the communist regime had long since exhausted its

potential. The Communist Party was unable to follow through on the commitments it had

made to Czechoslovak citizens. The regime was found to be in crisis on several levels:

Economic stagnation – the socialist economy, in which practically everything was

decided through central planning, was unable even to maintain living standards, let alone

raise them;

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Political dissatisfaction – citizens were no longer willing to tolerate one-party rule; they

demanded that the state observe its own laws, demanded pluralism of opinion, and the

chance to freely and openly express their opinions;

Social stagnation – the worst effect of the communist regime was on society itself; the

absence of freedom meant that people kept to themselves, did not take interest in public

affairs, and were not able to find satisfaction in their professions;

Intellectual and cultural stagnation – Czech culture, science, and education stagnated

under the communist regime; standards declined especially in the humanities; the social

sciences served, with honorable exceptions, more as tools of the official ideology.

The spark that set off the events of the revolution was the violent action taken by police

against a peaceful students’ demonstration held on November 17, 1989. Two days later the

Civic Forum was founded. Taking part were students, artists, and intellectuals who had

suffered various forms of repression during the years of the communist regime for their

political convictions. The Civic Forum became the main force for political and social change.

Ten days after its founding, a general strike was held, showing the leadership of the

communist party that the people clearly wanted a change in the political regime.

In short, the communist regime was incapable of innovation, so it quickly abandoned

the political field in favor of the opposition. From the beginning, however, the opposition

engaged in dialogue with communist officials, which revealed to all the helplessness and

incompetence of communist officials; after this, the communists virtually abandoned the

field. The purpose of this dialogue, similar to dialogues that occurred in all of the

democratizing countries, was to prevent politically-motivated violence and unrest. It was

also important that within the opposition, all of the important political currents were

respected. Although the Civic Forum was the strongest group, it was not unified internally. It

also gave space to representatives of opposition parties and movements that were not directly

represented in it. A new “national reconciliation” government was named in which reform-

oriented communists were seated alongside the representatives of the opposition.

From the beginning, the Civic Forum took a relatively moderate stance towards the

Communist Party. The reason was that the Civic Forum wanted to establish broader

consensus on major political reforms that were needed without larger political tremors.

Therefore the Communist Party was not outlawed and was allowed to be freely and publicly

active. The high officials of the communist regime were not prosecuted for the crimes they

committed in office. It is disputed whether this was the best approach. On one hand it allowed

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basic democratization to go forward without major opposition by the communists. On the

other hand it produced a situation where the communist party was not forced to reform,

consequently allowing it, even today, to continue to exist as a major factor in the Czech party

system. Thus it represents a certain danger, for it has never broken with its past and never

given up its non-democratic communist ideology.

It is apparent even today, more than twenty years after the revolution, that Czech

society is still unable to fully come to terms with the crimes of the communist regime. A few

trials were held of less important figures (mostly from the communist police), but the

regime’s leaders remained practically untouched. The point is not that revenge or

persecution should have been carried out against the Communist Party’s rank-and-file

members. This would have been damaging to the stabilization of society. According to the

European concept of law, only those who violated the law applicable at the time should be

prosecuted. However, the Czech judicial system is not even capable of accomplishing this.

This has proven to be a major flaw in the Czech democratic transformation.

One more thing must be pointed out. During the initial phase of the transformation, neither

citizens nor the new political elite were clear on the future direction of democratization. Thus

Czechoslovakia’s first free elections were not held until more than six months after the

change in regime. The delay was important because it allowed the initial consolidation of

basic democratic principles and the main political parties and movements to happen.

Summary

Factors in the fall of the communist regime included economic stagnation, political

dissatisfaction, social stagnation, and intellectual and cultural stagnation.

The leading force behind the change in regime was the Civic Forum.

The opposition engaged in dialogue with the communist regime to prevent politically-

motivated violence and unrest.

Czech society has not yet fully come to terms with the crimes of the communist regime.

2.5 Restoration of party pluralism

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The Czech lands suffered under one of the most rigid types of communist regime (along with

the former German Democratic Republic). This meant that not even the slightest hint of

pluralism existed within the communist party, and any sign of pluralism outside the party was

likewise thoroughly suppressed. The Communist Party remained very inflexible and

conservative until the fall of the regime. However, during the initial phase of democratization,

the Communist Party basically quit the field in favor of the newly-forming democratic parties

and movements.

As previously mentioned, the degree of continuity with the inter-war democracy was

very low. Thus the renewal of party pluralism occurred, very spontaneously, only after the fall

of the communist regime. This renewal occurred very quickly, and during the initial phase

until the first free elections, which were held about six months after the fall of the regime, the

party spectrum was very fragmented. A great number of small parties and movements

emerged; their political programs and ideologies were very diverse. But with the exception of

the Communist Party, which was not outlawed, all of the parties had democratization in their

programs.

Proposals to outlaw the Communist Party were raised, of course, but never adopted.

The opinion that it was better to let the communists be legally active prevailed. It was

assumed that this would allow for a calming of the situation and national reconciliation

between the former communist elites and their opponents. It was also assumed that the

Communist Party would eventually democratize and transform itself. The examples of other

countries (Hungary, Poland, Slovakia, etc.) were encouraging in this regard. There the

communists transformed themselves into democratic parties of the left. However, the Czech

communists, for various reasons, did not choose to transform themselves and remained an

orthodox communist party. Because they still have significant support among voters, the

communists continue to present a danger within the framework of the Czech party system. In

this regard the decision not to outlaw the Communist Party proved to be a mistake.

As has been mentioned, the most important political force during the first

phase of the Czech transformation was the Civic Forum. This was a unique organization that

was more of a loose political movement than a political party. Similar types of political

organization appeared and were active during the initial period of transformation in the other

post-communist countries. Therefore, we refer to the Civic Forum as a typical broad forum-

type movement.

The first free elections were held more than six months after the fall of the communist

regime. These elections were very important and not only for the Czech Republic. In general,

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the first democratic elections were actually a kind of referendum on the form of the new

regime and rejection of the old. The Civic Form won the first free elections with around 50

% of the vote. The Communists finished second, with much less support (13 % of the vote).

Also winning places in parliament were the Christian Democratic Union, representing the

interests of religious voters, and the Movement for Autonomous Democracy, which

demanded special autonomous status for the Moravia and Silesia regions. While the regional

movement soon lost its support, the Christian Democrats survived and today maintain a role

in the Czech party system. Today Czech society is strongly atheistic. Only a third of Czechs

acknowledge being religious, which is the lowest rate of all the European countries. A

proportion of this part of society supports the Christian Democratic Party. This party can

operate freely in a democratic political system because it is not fundamentalist, and does not

attack the basic foundations of the secular democratic state. Its presence in Czech politics

shows that the existence of a party representing moderate religious interests is a good thing.

However, there is no place in democratic politics for religious fundamentalism.

Summary

The revived party system has practically no continuity with the inter-war tradition.

The Communist Party was not outlawed; it did not change its name or its politics and

remains one of the stronger political parties.

The first elections were virtually a referendum on the new regime.

In the Czech system there is also a party based on religion, but one which is not

fundamentalist.

2.6 The breakup of the Czechoslovak federation

For most of the 20th century Czechs and Slovaks lived together in a common state. It must be

said that Czechs did not always show understanding for the legitimate demands of the Slovaks

for national autonomy, and Slovak attempts to achieve a truly equal position were faced with

a rather skeptical approach by the Czech elite. A law to make Czechoslovakia an actual

federation was not adopted until 1969. Under the communist regime, however, this had little

meaning.

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After the fall of the communist regime the demands of the Slovaks were renewed. First

there was a dispute over the official name of Czechoslovakia. While the Czechs wanted to

return to the name “Czechoslovak Republic” that was used between the world wars, the

Slovaks wished to emphasize the independence of the Slovak element. After some haggling a

compromise was arrived at: the “Czech and Slovak Federative Republic”. However, parts of

the Slovak public and political elites wanted to alter the federation into a much looser union

between the two nations – a confederation. Only a few actually wanted the common state to

break up. The dispute persisted over the entire two years between the first and second free

elections in 1990 and 1992. The second free elections were won in the Czech lands by the

Civic Democratic Party and in Slovakia by the Movement for a Democratic Slovakia. These

two parties fundamentally disagreed on a number of issues:

Transformation of the federation into a confederation;

The pace of economic reform;

The depth of economic reform;

Transformation of the social welfare system.

While the new Slovak political elite demanded a confederation, the newly-elected Czech

political leaders preferred the federation model. When they realized that the federation could

not be saved, they proposed dividing the state. The division was carried out peacefully on the

basis of mutual agreement. After long and difficult negotiations between the chairmen of the

two victorious parties, a series of laws were passed by Czech and Slovak political

representatives, and agreements were signed between the Czechs and Slovaks to make the

division possible. The most difficult negotiations concerned dividing the property of the

federation; finally a federal law was passed to divide the property 2:1 (there are around 10

million citizens in the Czech Republic, around 5 million in Slovakia). The two independent

states came into existence as of 1.1.1993.

It must be said that the state was actually divided against the wishes of its citizens.

This was shown by opinion surveys conducted at the time when Czech and Slovak politicians

were making plans to divide the federation. Nevertheless, the state was divided by the

consensus of the Czech and Slovak political elites. Furthermore, the move proved to be the

right one, as it removed the complication of seeking a model for mutual relations. The calm

and peaceful division of Czechoslovakia was one of the successful steps taken as part of the

democratic transformation, and it proved that even in situations where a common state with

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another national or ethnic group cannot be preserved, the breakup can be settled by

agreement.

Summary

Up until 1989 the demands of Slovaks for greater autonomy within the common state with

the Czechs had not been settled democratically.

Between 1990 and 1992 there was permanent conflict over the form of the mutual state.

When the preferences of the two nations developed in different directions after the

elections of 1992, the political elites decided to divide the state in a calm, peaceful

manner, which occurred on January 1, 1993.

2.7 Institutional changes

Regardless of the Czech-Slovak problems described above, a number of steps had to be taken

to turn the institutions of the communist regime into the institutions of a modern democratic

state. It bears repeating that the Czech political elite faced the necessity of carrying out the

democratization of politics, liberalization of society, and transformation towards a market

economy.

In this section we will focus on the transformation of the political system. First it was

necessary to reconstruct the federal (bi-cameral Federal Assembly) and the Czech (Czech

National Council) parliaments. New members were co-opted into parliament from the Civic

Forum, and the most rigid communist representatives were pushed out. For various reasons,

free elections could not be conducted immediately, and so the cooptation of representatives

(i.e., installing them in office without elections – trans.) was the only solution possible. The

thus-altered Federal Assembly then unanimously elected Václav Havel as President of

Czechoslovakia at the end of December 1989.

The year 1990 brought two key elections. Mid-year, the first free elections to the

Federal Assembly and the Czech National Council were held. The principle of proportional

representation was adopted, under which parties take seats in proportion to their share of the

vote. So that parliaments would not be too fragmented, the so-called mandate threshold was

adopted, under which seats go only to parties that win 5 % of the vote or more (see chapter on

elections and the electoral system). This principle of the mandate threshold continues to be

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part of the Czech electoral system and has proven very beneficial. The end of 1990 saw the

first local elections, which brought democratic principles to the local and community level.

Before the elections it was necessary to enact new laws to democratize the functioning of

parliamentary and government institutions. Besides a number of constitutional amendments,

among the most important new laws were:

1. the law on political parties – this defined the legal conditions for the activities of political

parties and movements; the key feature is free competition.

2. a new electoral law.

After the first free elections, another series of important laws was adopted:

1. law on restitution – this law returned property that was nationalized by the communists to

its original owners or their descendants;

2. law on privatization – important in the transition from planned to market economy;

3. a series of laws enabling economic reform;

4. the Bill of Basic Rights and Freedoms, which was very important, became part of the

Czechoslovak constitution and later became part of the Czech constitutional system;

5. tax laws – introduced for example the value added tax (VAT), which harmonized the

Czechoslovak tax system with the developed nations of the West;

6. after the 1992 elections a series of laws and other norms was adopted with the aim of

carrying out a peaceful breakup of the federation;

7. lustration law – a very important law that bans persons who actively took part in the

functioning of the communist regime from serving in public and state office; it applies, for

example, to members of the secret police and higher Communist Party officials. The law

does not violate the human rights of the individuals it applies to; it only prevents them

from infiltrating the state apparatus;

8. it was also necessary to establish the status of the army and police, so that these two

forces were subordinate to civilian political control;

9. laws that set the conditions for a free media;

10. a constitutional court was added to the judicial system, the purpose of which was to

monitor the observation of the constitution by the organs of the state, the state

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bureaucracy, and local government, and see that laws adopted were in harmony with the

constitution and its principles.

The climax of this early phase of democratic transformation was the adoption of the new

constitution of the Czech Republic, which came into effect upon the breakup of the

federation as of 1.1.1993.

Summary

An important element in the transition to democracy was the cooptation of new members

into the legislative bodies.

Important laws were passed even before the first elections that changed the character of

the regime; other laws followed soon after.

2.8 The new Czech constitution – basic principles

The constitution represents an absolutely key document vital for a functioning democratic

state. The constitution serves the following purposes:

It describes the basic institutions of a democratic state and the relationships between them;

It contains the basic principles on which the state and its political and social systems are

based;

It sometimes contains a catalogue of basic human and civic rights and freedoms.

The Constitution, together with other laws, forms what is called the constitutional system of

the Czech Republic. The constitutional system also includes the Bill of Basic Rights and

Freedoms, constitutional laws establishing the borders of the Czech Republic,

constitutional law on the formation of higher territorial self-governing units, and

constitutional laws on the division of the Czechoslovak federation.

Here it should be pointed out that Czech law recognizes two types of laws: normal or regular

laws, and constitutional laws. Constitutional laws address fundamental issues, and, among

other things, they are subject to stricter conditions in parliament, making it harder to pass

them or change them.

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While regular laws are passed by a majority vote of those present, constitutional laws

(and changes to the constitution) and international treaties must have the approval of a three-

fifths majority and must be passed by both houses of parliament (while in the case of regular

laws the Senate may be overruled by the Chamber of Deputies).

The basic principles of the Czech political system are summarized in chapter 9 of the

Czech constitution. The constitution refers to these principles as the “important attributes of a

democratic, rule-of-law based state”. To change or render these basic principles

meaningless is forbidden. These principles are not established exhaustively – democratic

constitutional practice is able to realize these basic principles within the context of a country’s

particular circumstances. We can make a short review of these principles here.

In the constitution’s preamble, which sets forth the fundamental values of modern Czech

statehood, and in article 1 of the Czech constitution, the following principles are contained:

1. sovereignty of the people – this principle means that political power is in the hands of the

people; in representative democracies power is not usually exercised by the people

directly but through their elected representatives at the national, regional, and local level;

this principle means that the holders of political power are responsible to the people for

their actions in office,

2. democratic form of the state – the word democracy is of Greek origin, and means

“government by the people (see introductory chapter); in practice this principle means that

the people directly (through the referendum) or indirectly (through elections) take part in

the political process;

3. a rule of law – the principle of a rule of law is essential; it means that the state itself and

its organs must observe the laws that apply to citizens; this principle prevents the organs

of state power from behaving randomly towards citizens and violating their rights and

freedoms;

4. a unified state – according to this principle, the Czech Republic cannot be broken up as

Czechoslovakia was; this principle excludes territorial changes, but does not in theory

exclude the idea of federalization or regionalization of the state.;

5. guarantees of basic human rights – the state recognizes fundamental rights and

freedoms, and defends these rights and freedoms through the judiciary system (see

below).

Article 2 of the constitutions sets forth the following principles:

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6. legitimacy of state power – this is a key principle: that legitimacy means government with

the consent of the governed. In the practice of modern representative democracy,

legitimacy is gained through elections held at regular intervals; besides this, there are

other means (political and judicial) by which to remove from power those who have lost

legitimacy;

7. separation of powers – this principle says that power cannot be monolithic, for this makes

it very easy to abuse. The classic division of powers is executive (government, head of

state), legislative (parliament), and judicial (the system of independent courts) – this is the

so-called horizontal division of powers. The separation of powers is also very important

because it results in more effective government and produces better politics. There is also

the vertical division of powers, which is no less important and which assumes that besides

the central organs there will exist elected, autonomous organs at the regional and local

levels. These organs of regional and local self-rule must have not only the necessary

competencies defined and protected by the law but also the real means (technical,

personnel, financial) to carry out these competencies.

Articles 5 and 6 of the constitution address various “technical” matters:

8. free competition among political parties – practical politics is carried out through free

competition among political parties, which are organized on a free and voluntarily basis;

however, they must respect basic democratic principles;

9. respect for fundamental democratic principles in the pursuit of political goals, and

therefore the rejection of violence as an instrument of politics – there is no place in

democratic politics for violent means; democratic politics relies on free exchange of

opinions, dialogue, discussion, persuasion through rational argument, competition among

political concepts through elections, etc.;

10. majority rule – this is the principle of decision-making in the political process according

to which absolute agreement among the entire political elite is practically impossible.

Decisions are therefore taken by means of free voting (in the government, parliament,

etc.) in which the majority rules. This means that part of the political elite, though they

may not agree with the decision taken, comply with it anyway. In order for this principle

to function, consensus must be reached concerning the basic principles of a democratic

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state; in other words, the rules of the game (electoral system, etc.) must be agreed upon,

and must be consistently observed, for today’s majority may be tomorrow’s minority;

11. protection of the minorities – so that the above principle is not misused, there must also

be an element of protection for minorities (ethnic, national, religious, or political); this is

done through the division of powers; however, special laws can also be adopted to protect

minorities.

Summary

The following table outlines the basic principles of the Constitution of the Czech Republic

Czech Republic

Republic Democracy Rule of Law Social state

Free, non-

dictatorial form of

government,

autonomous

territorial

units/regions;

Election of

legislative bodies

by citizens; elected

head of state

(president of the

republic)

The source of all

power is the people;

the political process is

founded on free and

voluntary competition

among democratic

political parties;

general, direct, equal,

and secret elections;

right of free assembly

Respect for basic

human rights; judicial

protection of basic

rights and freedoms;

separation of powers;

equality of citizens

before the law and

before the courts;

adherence to law;

state bodies

themselves obey the

law

Protection for

parenthood and

children; right to

education; right to

protection of

health; equality of

men and women

before the law

2.9 The new Czech constitution – Bill of Basic Human Rights and Freedoms

The Bill of Basic Human Rights and Freedoms pre-dates the Czech constitution; it was

adopted by the Czechoslovak Federal Assembly in 1991. When the Czech constitution was

adopted in 1992, the Bill of Basic Human Rights and Freedoms was taken on without change

as part of the Czech system of constitutional law; though it is not formally part of the

constitution, it still has the force of a constitutional law. In democratic societies, a bill of

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rights and freedoms may either be built directly into the constitution, or it can exist as an

independent law of constitutional nature. Either form is possible, and it cannot be said that

one or the other is less democratic.

The concept of human rights and civic freedoms has its roots in the idea of natural law.

Under the natural concept of human rights there are certain rights that each person possesses

just because he is a human being. These rights are not granted to him by anyone, and therefore

cannot be taken away by anyone. Respect for natural human rights is typical of democracies.

In contrast, totalitarian and authoritarian regimes do not acknowledge citizens’ rights at all or

do so very selectively. Moreover, citizens cannot be sure that their rights will actually be

observed, or that they will be able to seek redress for their violation in the courts.

Respect for natural rights and freedoms is one of the basic properties of democracy. The

concept of human rights has undergone changes over time. The issue of human rights has

been accented especially by the liberal political schools of thought. At first this tradition

spoke of the so-called negative concept of fundamental human rights. This means that there

exists a certain sphere in which every one of us is free, and no one (neither individual or the

state) has the right to interfere. This concept gave birth to three basic rights:

1. the right to life;

2. right to freedom;

3. right to seek personal happiness.

These rights of course sound very abstract. Basically they mean that the state cannot limit a

person/citizen in his basic human rights; that it cannot infringe on the freedom of its citizens.

Over time the concept of human rights was expanded and the concept of so-called positive

human rights developed. The state was no longer seen as a negative factor that must be

constrained in order to refrain from violating human rights. On the contrary, the state and

politics in general began to be seen as an instrument through which deliberate action can be

taken to see that human rights and freedom are fulfilled. This concept of human rights

underlies most of the rights declared in the bills of basic rights and freedoms in modern

democracies.

Before we get to the Czech example of the Bill of Basic Rights and Freedoms, we

must note one thing. While the negative concept of human rights and freedoms (freedom

“from” things) is limited in scope and yet still clear, the positive concept of human rights (the

“right to do something”) is not. In today’s western societies an intensive debate is underway

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over the right to have a job, for example. Does this mean that the state must guarantee

everyone a job? Does it mean that the state should support the creation of jobs through its

active policies? Or does it mean that the state should adopt laws that protect employees from

their employers?

With the concept of positive rights there is one fundamental problem: various political

concepts see these rights differently; the extent of these rights cannot be determined a priori.

In other words, the extent of positive rights and freedoms always depends on social demand

and the resources generally available to the particular state. Therefore a certain caution in

defining positive rights is needed. For example, if positive rights are defined too broadly, the

state will not be able to guarantee them. Citizens’ expectations would be inflated to an extent

that could not be fulfilled. Citizens would then be dissatisfied, and the fragile structure of the

democratic political system and its legitimacy would be undermined.

How, then, are basic human and civic rights and freedoms defined in the Czech Bill of

Fundamental Rights and Freedoms?

The bill sets forth in detail the basic values by which the Czech state is guided:

1. the state is democratic, and is not bound to any exclusive ideology or religious confession;

2. state power can be applied only in cases and conditions specified in the law;

3. whatever is not expressly against the law is permitted;

4. no one can be made to do something the law does not provide for;

5. obligations are assigned only on the basis of law, in a way that doesn’t violate basic rights

and freedoms;

Basic rights and freedoms apply for everyone regardless of sex, race, skin color, nationality,

language, faith, religious confession, political opinions, social origin and status, or property.

The bill recognizes two types of rights and freedoms. First there are the basic, universal

human rights and freedoms:

1. each person has a right to life (this means there is no death penalty, which has been

abolished in the current Czech political system);

2. the inviolability of persons and their privacy is guaranteed, provided the law does not

stipulate otherwise (meant to prevent for example police abuse);

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3. personal freedom is guaranteed (this also affects the workings of the police: no one can be

prosecuted or deprived of freedom unless in accordance with the law; a detained person

must be either accused or freed within 48 hours; a person cannot be detained without

reason; only a court can decide whether to hold someone);

4. no one can be subjected to forced labor or service;

5. each person has the right to human dignity, personal honor, and good repute – this means

that a person can appeal to the court in case of slander; it is very important that the

unauthorized collection, publication, and other misuse of personal information be against

the law.

6. each person has the right to own property; property is protected by law, inheritance is

guaranteed;

7. a private dwelling is inviolable; it cannot be entered without the agreement of the person

who lives there; exceptions (such as police search of residence) are allowed only

according to the law

8. secrecy of correspondence is guaranteed;

9. freedom of movement and residence is guaranteed;

10. freedom of thought, conscience, and religion are guaranteed, as is academic and artistic

freedom.

The second recognized type of rights and freedoms are political rights. Their presence

directly in the Bill of Fundamental Rights and Freedoms is important. In democratic society

respect for basic rights and human freedom is not enough; the political rights of citizens must

be specified as well – humans are social beings:

1. freedom of expression is guaranteed; each person can express their opinions in accordance

with the law (except for things such as incitement, for example);

2. citizens have a right to information – special laws and regulations require state and local

organs to provide information;

3. censorship is impermissible;

4. the right to petition is guaranteed – anyone can bring their complaints or demands to any

state agency; however, one must not interfere with the independence of the courts and

cannot demand things that are in conflict with the Bill of Fundamental Rights and

Freedoms;

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5. also guaranteed is the right to peaceful assembly; demonstrations and assemblies must be

announced, however;

6. citizens have the right to freely associate and to found political parties and movements as

well as non-political groups; parties and associations are separate from the state;

7. citizens have the right to elect their representatives, and if they fulfill the legal

requirements (age, capacity), they can also run in elections;

8. the Bill of Fundamental Rights and Freedoms guarantees universal, equal, direct, and

secret voting rights;

9. citizens have the right to resist anyone who would overthrow the democratic order of

human rights and fundamental freedoms if the activities of the constitutional organs are

incapacitated.

The Bill of Fundamental Rights and Freedoms guarantees the rights of national and ethnic

minorities:

1. the right to education in their native language;

2. the right to use their language in dealing with state agencies;

3. the right to take part in matters concerning national and ethnic minorities.

Special articles in the Bill of Fundamental Rights and Freedoms also stipulate the right to

judicial and other recourse and economic, cultural, and social rights (these are the above-

mentioned positive rights).

Summary

We distinguish between natural and negative concepts of human rights.

Basic human rights in the Czech lands have been guaranteed since 1991 by the Bill of

Fundamental Rights and Freedoms.

The bill guarantees basic human rights, political rights, the rights of national and ethnic

minorities, the right to judicial and other legal protection, and cultural and social rights.

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2.10 The new Czech constitution – basic mechanisms for the workings of

the political system

According to the Czech constitution, the Czech Republic is a parliamentary democracy.

Parliamentary democracy, along with presidential democracy, is one of the basic types of

representative democracy. In the case of parliamentary democracy, executive power is derived

from the legislative power. The basic element that all parliamentary democracies have in

common is the principle of shared powers and sovereignty of executive power. Governments

are formed through the parliament and can exist only if they can maintain majority support in

parliament. The government and parliament thus form a kind of cooperating unit. An

important consequence of this fact is that the government is answerable to parliament for its

decisions.

The only constitutional organ in the Czech Republic that has direct legitimacy

according to the constitution (on the national level) is the Parliament of the Czech Republic.

All other central organs, including the president of the republic, derive their legitimacy from

the Parliament of the Czech Republic. The Czech parliament is bi-cameral. The lower

chamber is called the Chamber of Deputies. Its 200 members are elected every four years on

the basis of a proportional voting system. The upper chamber is the Senate. It is elected by a

majority electoral system. It has 81 senators, who are elected to six-year terms. Every two

years a third of the senators are elected, which provides continuity in the work of the

parliament. The reason for the existence of the Senate is to provide continuity; the authors of

the constitution also intended it to help assure the quality of the legislative process. The

Senate is elected in a different way than the Chamber of Deputies, and its continual existence

with perpetual peripheral change of its membership every two years allows the Senate to be

operational and to make decisions, regardless of the classical political cycle, from one

parliamentary elections to another. The party composition of the Senate is usually somewhat

different from the composition of the Chamber of Deputies. The Senate has the right of

suspensive veto, meaning it can disagree with a bill passed by the Chamber of Deputies. The

Chamber of Deputies can overrule the Senate’s veto but needs a greater majority to do so.

The Senate was not created immediately after the establishment of the Czech Republic. The

first elections to the Senate were not held until three and a half years after the rise of the

independent state because the political elites were, for a long time, unable to agree on how the

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Senate should be set up. Likewise the higher autonomous territorial units – the regions – were

not set up for a long time. The constitution envisioned them existing right away in 1993; in

reality they were not created until seven years later.

Parliament is the body that passes laws. It also ratifies the international treaties of the

Czech Republic, nominates individuals for some offices, etc. A very important part of the

parliament’s work is oversight of the government. The government depends on the support of

parliament, and the parliament can hold a vote of no confidence in the government. If the

government cannot rely on a majority coalition in parliament, it will have a hard time

governing, Nevertheless, this does not make governing impossible. In 1996-2002, the Czech

Republic had a minority government that depended on constant negotiations with the

opposition.

The parliament of the Czech Republic represents the legislative power while the

executive power is represented by the President of the Republic and the government.

The government is defined in the constitution as the highest organ of executive power. It

makes decisions collectively by majority vote even though it is headed by the premier. He has

somewhat greater powers than the regular members of the government, the ministers. He has

the right to nominate members of the government and determines the direction of government

policy.

The President of the Republic is the head of state. He holds important formal and

ceremonial functions. However, he also has some significant real political powers. He has the

power of nomination to some offices and the right of suspensive veto over laws passed by the

Parliament of the Czech Republic. However, he is not responsible to parliament or any other

state body and cannot be removed from office by the either the parliament or the government.

Nevertheless, he can be charged with high treason. Only the Senate can charge the President

with this. The President is then tried by the Constitutional Court of the Czech Republic. If he

is convicted, he is removed from office as president and cannot be elected president again in

the future. No other punishment is allowed. All of this means that the president tends to play

the role of moral and political authority and arbiter of any serious political conflicts.

The third power, the judiciary power, is represented by an independent court system. From

the standpoint of the political system, the Constitutional Court of the Czech Republic has

special importance. Its main task is to judge whether laws and legal regulations are in line

with the Czech constitutional system. At the same time it serves as an authority for the

defense of basic human rights and freedoms and performs other tasks concerning the

constitution and related laws.

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Summary

The Czech Republic is a parliamentary democracy.

The legislative branch is represented by the bi-cameral Parliament of the Czech Republic,

consisting of the Chamber of Deputies and the Senate.

Executive power is invested in the President of the Republic and the government.

The judiciary power is represented by an independent court system and the Constitutional

Court of the Czech Republic.

Recommended literature:

Huntington, Samuel P. 1993. The Third Wave. Democratisation in the Late Twentieth

Century. Norman: University of Oklahoma Press.

Linz, Juan J. a Stepan, Alfred C. 1996. Problems of democratic transition and

consolidation. Southern Europe, South America, and post-communist Europe.

Baltimore – London: John Hokins University Press.

Palma, Giuseppe Di. 1991. „Legitimation from the top to civil society. Politico-

cultural change in Eastern Europe.“ World Politics 44, no. 1.

Pridham, Geoffrey a Vanhanen, Tatu. eds. 1992. Democratisation in Eastern Europe:

Domestic and International Perspectives. London: Routledge.

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