Constitutional foundations of the Czech Republic and the rule of law
Constitutional order
The Czech Republic is a sovereign, unitary and democratic state governed by the rule of law (Art. 1(1) of Constitutional Act No. 1/1993 Sb.). The constitutional order consists of the Constitution, the Charter of Fundamental Rights and Freedoms (Act No. 2/1993 Sb.) and other constitutional acts (Art. 3, Art. 112). Article 9(2) contains an eternity clause: the essential requirements of a democratic rule of law cannot be amended, so even a constitutional act cannot abolish free elections or constitutional review. Article 10 makes promulgated, ratified international treaties on human rights part of the legal order and gives them priority over statute; Article 10a allows transfer of certain powers to the EU or an international organisation, subject to constitutional ratification.
Rule of law and limits on power
State power is exercised only in cases, within limits and in the manner laid down by law (Art. 2(3)). Everyone may do what is not prohibited by law, and no one may be forced to do what the law does not require (Art. 2(4)). Rights may be limited only by law and only for a legitimate aim, proportionately. The Charter is directly binding; courts must interpret statutes in conformity with it. The Constitutional Court (15 judges, 10-year terms, appointed by the President with Senate consent) reviews constitutionality and decides constitutional complaints.
Separation of powers
Parliament is bicameral: the Chamber of Deputies (200 members, four-year term) and the Senate (81 members, six-year term, one-third renewed every two years). The President is directly elected for five years and may serve a maximum of two consecutive terms. The Government is responsible to the Chamber of Deputies, which gives it a vote of confidence within 30 days of appointment. The President may dissolve the Chamber only in the cases listed in Article 35; the Senate cannot be dissolved.
Worked example
A ministry issues a decree restricting a fundamental right without statutory authority. Reasoning: Article 2(3) and Article 4 of the Charter require a legal basis; a decree is not a statute. The measure is unlawful and may be annulled by a court or the Constitutional Court. If the restriction were based on statute, the state would still have to show a legitimate aim, necessity and proportionality.
Traps
Do not confuse the Charter with ordinary legislation; it is part of the constitutional order. Do not say the President can dissolve the Senate. Remember that Article 10 (treaties) and Article 10a (EU transfer) have different effects. The eternity clause protects the core of the democratic rule of law, not every constitutional provision.