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Interpretation of Fundamental Rights in the Czech Republic

This chapter aims to describe the position of the Czech Constitutional Court (hereinafter, ‘the CCC’) in the system of public authorities of the Czech Republic, and highlight those aspects of its functioning that are relevant for the manner in which this authority interprets the law, how it argues, and what decisions it makes. The chapter will focus on those matters that are reflected in the formation of this authority’s will and that affect the contents of its decisions. The CCC is an institution independent of other authorities in the Czech Republic, in terms of both organisation and financing,1 and performs the function of concentrated constitutional justice.2 This competence is ‘originary’ in nature and relies directly on the Constitution, where it is also defined. It can be neither extended nor reduced by statutory (i.e. sub-constitutional) law. The Court’s task is to ensure constitutional balance and serve as a safeguard of democratic functioning of the State and of citizens’ constitutional rights. The Court is undoubtedly succeeding in this role. As a body of the judiciary, it should technically be apolitical, but it does somewhat engage in practical politics;3 it is confident, assertive, and often not