NewPoliticalSystem  Index  Home  New  Links Groups  

Citizens Constitution of Czech Republic (draft No 1, 2002)

 

Basic Enactment: When this Constitution draft gains the approval of more than 50% of the citizens of Czech Republic, it will come into force and replace the Constitution of Czech Republic No.1/1993 or any other constitution not approved directly by the majority of the citizens. This enactment is based on Article 2 (1) of the Constitution of Czech Republic No.1/1993, first sentence: "The people is the source of all state power; power is exerted by the people through the intermediary of institutions of legislative, executive and judicial power." According to this principle. The people alone can decide on the way power is exercised, on the institutions established for this purpose and the rules guiding the functioning of these institutions.

This Citizens´ Constitution takes the 1993 Constitution of Czech Republic as a basis, including the numbering of articles and paragraphs, but it adjusts and completes the 1993 Constitution so as to make it consonant with true democratic principles.

In the legislative sphere, beside Parliament, this citizens´ Constitution also establishes the institution of citizen commissions and referenda. There are two types of referendum, 1. the Plebiscite, i.e. any referendum promulgated by the Government, the Parliament or a local authority. 2. Popular referendum (national or local), iniciated by a particular citizen, a group of citizens, or a citizen movement. In both cases, to pass the bill in question, a majority exceeding 50% of the referendum participants is sufficient, regardless of how many citizens actually participate in it.

There are two kinds of citizen commissions: 1. Regular, in session at least once a year and dealing with precisely determined issues; ad hoc, organized on the basis of a popular initiative and referendum.

For the rules to be followed when organizing referenda and citizen commissions see Article 53A.

CHAPTER ONE

Basic enactments

Article 1

  1. unchanged
  2. Czech Republic observes the binding obligations according to international law, provided that these obligations do not contradict this Citizens´ Constitution. In controversial cases, the citizens reserve the right to examine these obligations in Parliament and citizen commissions. The final decision may be made by a national popular referendum.

Article 2

The running of a modern state, especially after joining the European Union, has become so complex that it cannot be properly performed by current institutions. Legislative power has to be broadened so as to also include the institution of independent Citizen Commissions and Popular Referenda organized according to the rules stated below:

  1. The people is the source of all state power; power is exerted by the people through the intermediary of institutions of legislative, executive, and judicial power. Legislative power includes Parliament, the institution of Popular Iniciative and Referendum, as well as the institution of Citizen commisions. The two latter institutions are within the competence of the Referendum and Citizen Commissions Institute (RCCI), financed by the state, but independent of state authorities.
  2. The Citizens´ Constitution guarantees the people the right of direct exertion of state power if a petition, supported by at least 100.000 citizens of Czech Republic, demands it within a period of no more than 6 months. The petition has to be organized by the citizens without any sponsoring on the part of authorities or private enterprises. However, the authorities are obliged to supply for this purpose, free of charge, localities open every day including holidays from 8 a.m. to 6 p.m., and equipped with tables and chairs. If the petition gathers at least 100.000 supporting signatures, and if it demands that the issue in question be submitted to popular referendum and/or assessment by citizen commissions, the RCCI is obliged to meet this demand within a period of no more than 6 months after the conclusion of the petition process.
    3.
  3. Unchanged
  4. Unchanged

Article 3

Unchanged

Article 4

Unchanged

Article 5

In the legislative area, the political system is based on free and voluntary establishment and competition of political parties, on citizen initiative and referendum according to Article 2, on direct election of the head of state every 5 years, on the separation of legislative and executive power and on independent judicial power. It is forbidden to use violence for the maintenance and changes of the political system. Violence may only be used by the police in cases when life or health of any citizen is jeopardized. Every police measure can be examined by citizen commissions. Any use of armed forces has to be approved by citizen commissions and national referendum. Extraordinary plenary powers for the use of armed forces can be granted to Government only if the country is invaded by a foreign army or menaced by a big natural catastrophy. Such plenary powers can be only obtained through a plebiscite. Plenary powers must be limited to a period of 6 months. If the menace continues, the Government can ask the citizens to grant it an extension of plenary powers to another 6 months´ period at most.

Article 6

Unchanged

Article 7

The state assures rational exploitation and protection of natural resources. Cases of encroachment upon natural environment are subject to control by citizen commissions.

Article 8

Unchanged

Article 9

  1. The Constitution can be completed or altered by constitutional laws only. Before being put into force, these laws have to be treated by citizen commissions and agreed by a referendum.
  2. Unchanged
  3. Unchanged

Article 10

International treaties concerning human rights and basic liberties, if binding for Czech Republic and duly promulgated, are binding directly, provided that they are not contrary to the Citizens´ Constitution; if they are not contrary to the Citizens´ Constitution, they take precedence of the law.

Article 10a.

  1. Unchanged
  2. The ratification of any international treaty as per paragraph 1 requires Parliment´s consent. The citizens may demand that such a treaty be first submitted to citizen commissions and national referendum.

Article 10b to 14.

Unchanged

CHAPTER TWO - Legislative Power

Legislative power is superior to Executive Power

Article 15

  1. In Czech Republic, legislative power is within the competence of Parliament and popular referendum, in certain cases after the bill in question having been assessed by citizen commissions. In cases of difference between voting in Parliament and the referendum, voting in referendum takes precedence.

Article 16 - 17

Unchanged

Article 18

    1. Parliamentary elections are by secret ballot based on general, equal and direct suffrage, according to the majority system. In each constituency, the candidate who has obtained most votes is elected, regardless of whether he/she had run for him/herself, a political party, or a popular movement. Exact rules are set by law proposed by citizen commissions and agreed by popular referendum.
    2. - (3) Unchanged

Article 19 - 21

Unchanged

Article 22

    1. The function of Member of Parliament is incompatible with the post of President of the Republic, member of Government, judge, and othe functions stipulated by law.
    2. Unchanged

Article 23

    1. - (2) Unchanged
    2. The vow pronounced by each member of Parliament is as follows: "……(I will fulfil my mandate) … and according to the will of the members of my constituency who can address me at any time."

Article 24 

Unchanged

Article 25

The mandate of any member of Parliament expires

a - d, f, g Unchanged

e) by a vote of no-confidence expressed in the respective constituency by a number of voters corresponding at least to the number of votes prescribed for national referendum; no quorum is required.

Article 26

The members of Parliament fulfil their mandates personally, in accordance with their vows, without any constraint except the will of the members of their constituency.

Article 27

    1. No MP can be prosecuted because of his/her voting in Parliament or parliamentary committees.
    2. Unchanged
    3. If an MP commits an offence or crime unconnected with the fulfilment of his/her mandate, he/she can be prosecuted like any other citizen.
    4. If an MP is arrested and charged with an offence or crime, he/she has to be allowed to vote in Parliament until found guilty.

Article 28

When interrogated in a criminal matter, the MP has no right to deny testimony concerning information received in connection with the fulfilment of his/her mandate.

Article 29 - 31 Unchanged

Article 32

No MP is allowed to simultaneously be a member of Government.

Article 33 - 34 Unchanged

Article 35

    1. Parliament can be dismissed by the President of the Republic
    1. In case of a vote of no-confidence for a Government just nominated by the President.
    2. - d) Unchanged
    1. Unchanged

      2.  

Article 36 - 38 Unchanged

       

Article 39

      (1), (2) Unchanged

    1. For the authorization to declare a state of war, to send Czech troops abroad or to accept foreign troops on Czech territory, as well as to participate in defence systems of international organizations of which Czech Republic is a member, a majority of votes cast in a national popular referendum is needed.
    2. For the adoption of any constitutional law and ratification of any international treaty as per Article 10, the draft has first to be assessed in citizen commissions and then agreed by a national popular referendum.

 

Article 40

For the adoption of any election law, any rules of procedure and agenda setting, a preliminary assessment in citizen commissions and authorization by a national popular referendum is required.

Article 41

    1. Bills are submitted to Parliament. If a citizen initiative so desires, they can also be submitted to a popular referendum, or even to preliminary assessment by citizen commissions.
    2. A bill can be submitted by a MP, a group of MPs, the Government, a regional government, an individual citizen or a group of citizens. In the two last mentioned cases, the submission has to be supported by at least 100.000 citizens of the Republic.

Article 42

    1. The bill concerning the concluding statement of account is submitted by the Government.
    2. These bills are discussed and voted on in public parliamentary sessions. A citizen initiative can demand that such bills are submitted to preliminary assessment by citizen commissions and decided by a national referendum.

Article 43

    1. If Czech Republic is under attack, or if it is required to fulfil its obligations according to international treaties, any declaration of a state of war is subject to a speedy national referendum. In case of emergency, the Government is authorized to act prior to authorization by referendum, but all measures taken have to be authorized subsequently by referendum, within a period of 3 months at most. If governmental measures are not authorized by referendum or if no referendum is held within 3 months, the measures in question are considered invalid and illegal. The only exception would be a situation when, owing to outer circumstances, the Government has become non-operational, or the state territory has been occupied by a foreign power, or so severely damaged that the organization of a referendum would be technically impossible.
    2. The participation of Czech Republic in defence systems of any international organization of which Czech Republic is a member has to be decided by a national referendum.
    3. National referendum has to decide on
    1. sending Czech troops outside the territory of Czech Republic
    2. the permission given to foreign troops to operate on Czech territory;

in both these cases, the respective referendum has to take place within 6 months after governmental decision taken according to paragraph (1) of this article.

    1. National referendum has to authorize the fulfilment of obligations imposed by international treaties of common defence against attack in case of
    1. the fulfilment of obligations imposed by any international treaty concerning common defence against aggression,
    2. participation in peace-keeping operations decided by any international organization of which Czech Republic is a member; a prerequisite is always the consent of the host state.
    3. For participation in help actions in case of natural disasters and industrial or ecological failures, parliamentary or governmental decision alone is sufficient.
    1. National referendum also decides on
    1. the transit of armed forces of other states through the territory of Czech Republic or flights of foreign aircraft over the territory of the Republic,
    2. the participation of armed forces of Czech Republic in military exercises held outside the territory of Czech Republic and the participation of armed forces of other states in military exercises held on the territory of Czech Republic.
    1. The Parliament informs the Government without delay about decisions made according to articles 4 and 5. The Parliament cannot abolish any decision made by a national referendum.

Articles 44 - 49 Unchanged or deleted

Article 50

    1. Unchanged
    2. ….If a majority of the MPs insist on the adoption of any law returned to them by the President of the Republic, the law is adopted unless otherwise decided by a national referendum. In other cases, the law is considered as not having been adopted.

Article 51 - 53 Unchanged

Article 53A

Beside Parliament, the legislative power also consists of the institution of National Popular Referendum, or even the Plebiscite. The institution of Citizen Commissions is included as an auxiliary, consultative function. National Popular Referenda, the Plebiscite and the Citizen Commissions are organized by the Referendum and Citizen Commissions Institute (RCCI), financed by the state but independent of it.

There are two kinds of Citizen Commissions: regular and ad hoc. The regular commissions are selected by sortition and are in session each year at least once, within a period of 30 days preceding the opening session of the Parliament. These commissions are of 5 kinds, submitting recommendations on the following issues:

  1. Foreign policy including the conclusion and revision of international treaties.
  2. Defence policy according to Article 53A.
  3. Environmental policy in areas important for the quality of life and natural surroundings of the citizens of Czech Republic as well as other countries.
  4. The basic principles of internal policy, the general level and priorities of taxation, schools, health care, police, and the organization of regional and local self-government.
  5. Rules concerning the salaries of the MPs, Members of Government, high officials and high officers.

In the areas 1 to 4, the citizen commissions only submit recommendation. Decisions are made by Parliament or national referenda.

In the area 5 (salaries), the citizen commissions are authorized to make decisions.

Ad hoc citizen commissions and national referenda can be organized to reat and decide any issue, if such a proposal gains the support of at least 100.000 citizens of Czech Republic during 6 months at most. For decisions in referenda, a majority of the participants is sufficient. No quorum is required.

Rules concerning the composition and functioning of Citizen Commissions: The Citizen Commissions are selected by sortition among the citizens qualified to participate in parliamentary elections, using the same methods as those used for the polls. The session of every citizen commission lasts 5 days. During this time, each participant is entitled to receive the same salary as that he/she gets at his/her work place. If a person selected refuses to sit in a commission, a substitute is invited. The citizen commissions are led by two facilitators, one man and one woman, appointed by the RCCI. Every citizen is eligible for a citizen commission only once in his/her lifetime. Every issue is submitted simultaneously to 10 parallel citizen commissions. Their recommendations or decisions are evaluated in a final common session. Discussions taking place in citizen commissions are always public. Details are fixed by law.

CHAPTER THREE - EXECUTIVE POWER

Executive Power is subject to Legislative Power

President of the Republic

Article 54

    1. Unchanged
    2. The President of the Republic is elected directly by all citizens.
    3. For the fulfilment of his/her official duties, the President is responsible to the citizens and the Parliament.
      4.

Article 55 - 57 Unchanged

Article 58

    1. Any citizen or group of citizens can propose a candidate for the office of President of the Republic.
    2. The candidate who has obtained more than 50% of valid votes in the first round is elected President.
    3. If no candidate had obtained more than 50% of valid votes in the first round, a second round takes place in which the first and the second most successful candidate/s participate. If two most successful candidates had obtained exactly the same number of votes, they alone run in the second round. This procedure is repeated until one candidate obtains a majority of valid cast votes.

Article 59 - 61 Unchanged

Article 62

The President of the Republic

    1. a) nominates the Government and accepts the resignation of the Government or its individual members.

b - k Unchanged

Article 63

    1. Further, the President of the Republic
    1. preliminarily negotiates and ratifies international treaties prior to their authorization by the Legislative Power.

a), c) - j) Unchanged

    1. Unchanged
    2. Any decision made by the President of the Republic as per 1 and 2 is subject to the authorization by the citizens, according to 53A.
    3. For any presidential decision, the President himself and the Government are responsible.

Article 64 Unchanged

Article 65

    1. The President of the Republic can be arrested and prosecuted for criminal offence like any other citizen.
      2.
    2. ……. If convicted of high treason, he/she is subject to the competence of a court of justice like any other citizen
    3. Prosecution for criminal offence committed during the presidential mandate is subject to the same laws as in the case of any other citizen.

Article 66 Unchanged

The Government

Article 67 Unchanged

Article 68

    1. The Government is responsible to the people, the Parliament and the President of the Republic.
    2. The Government is nominated by the President of the Republic. As Members of Government, the President selects qualified and honest citizens. No member of Government is allowed to simultaneously be a functionary of any political party.
      3.
    3. Unchanged
    4. If a newly nominated Government or any of its members fails to receive authorization by Parliament, the President nominates another Government or another Member of Government.

Articles 69 - 80 Unchanged

CHAPTER FOUR - JUDICIAL POWER

Article 81 - 85 Unchanged

Article 86

    1. Judges members of the Supreme Court cannot be prosecuted for decisions made within the framework of their competence. If they commit a criminal offence, they can be prosecuted like any other citizen.
    2. - (3) Unchanged

Articles 87 - 92 Unchanged

Article 93

    1. Judges are nominated by the President of the Republic without time restrictions. If citizens demand it and gain sufficient support in a petition process, a judge can also be elected by a district referendum.
    2. Unchanged

Articles 94 - 96 Unchanged

CHAPTERS FIVE to SEVEN Unchanged

CHAPTER EIGHT Cancelled

CHARTER OF BASIC RIGHTS AND LIBERTIES

Article 1 - 4 Unchanged

Basic Human Rights and Liberties

Article 5 Unchanged

Article 6

    1. Everybody has the right to live. Human life is protected already before birth. If serious future medical or social complications for the child or the mother are to be expected, after having consulted a physician, the woman has the right to the interruption of pregnancy. Exact conditions are stipulated by law.
    2. - (4) Unchanged

Article 7 - 16 Unchanged

Second section - Political rights

Article 17

    1. Freedom of expression and the right to information are guaranteed. On request, every citizen has the right to be shown any document concerning political or administrative decision-making at all levels, except classified information protected by law. Access to this sort of information is regulated by law.
    2. - (3) Unchanged
    3. …Every bill aiming at the limitation of the freedom of expression has to be treated by ad hoc citizen commissions prior to be presented for voting.

Article 18 - 19 Unchanged

Article 20

    1. Unchanged
    2. Unchanged
    3. ..Every bill concerning the limitation of rights as per Article 20 has to be treated by ad hoc citizen commissions prior to be presented for voting.
    4. Unchanged

Article 22 - 23 Unchanged

CHAPTER THREE - SIX Unchanged

For comments and criticism please contact jiri.polak@swipnet.se