Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?

Presidents in parliamentary regimes are generally less powerful in their competencies and serve more as moderators of political disputes rather than as the main actors of executive power. Despite this, they can often appear at the edge of constitutionality in the performance of their powers. In Cent...

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Main Authors: Gor Vartazaryan, Kateřina Ochodková
Format: Article
Language:ces
Published: Charles University 2023-10-01
Series:Acta Politologica
Subjects:
Online Access:https://acpo.vedeckecasopisy.cz/publicFiles/002726.pdf
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author Gor Vartazaryan
Kateřina Ochodková
author_facet Gor Vartazaryan
Kateřina Ochodková
author_sort Gor Vartazaryan
collection DOAJ
description Presidents in parliamentary regimes are generally less powerful in their competencies and serve more as moderators of political disputes rather than as the main actors of executive power. Despite this, they can often appear at the edge of constitutionality in the performance of their powers. In Central Europe, it is the President of the Czech Republic who finds the greatest discrepancy between written and politically practised powers. Constitutional actors can bring a constitutional lawsuit, a competence lawsuit, or activate against the president Article 66, transferring the performance of certain duties to the other constitutional actors. Often, however, these instruments are not used. Semi-structured interviews with experts (N = 6) in the field of constitutional law revealed to us that the Czech president has broader powers than the Constitution gives him because many constitutional actors do not file a lawsuit even if they had a significant possibility of winning. Our analysis also showed that there are some cases where the experts disagree among themselves such as on the appointment of the governor of Czech National Bank. At the same time, this work revealed the different approaches of the individual presidents in the situations studied.
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spelling doaj.art-8176d6bae3454086b27bd0b2e76fed2f2024-01-29T11:12:14ZcesCharles UniversityActa Politologica1803-82202023-10-01153689210.14712/1803-8220/16_2023Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?Gor Vartazaryan0https://orcid.org/0000-0002-0367-7274Kateřina Ochodková1https://orcid.org/0000-0002-9049-3894Faculty of Social Sciences, Charles UniversityJudicial Studies Institute, Faculty of Law, Masaryk University,Presidents in parliamentary regimes are generally less powerful in their competencies and serve more as moderators of political disputes rather than as the main actors of executive power. Despite this, they can often appear at the edge of constitutionality in the performance of their powers. In Central Europe, it is the President of the Czech Republic who finds the greatest discrepancy between written and politically practised powers. Constitutional actors can bring a constitutional lawsuit, a competence lawsuit, or activate against the president Article 66, transferring the performance of certain duties to the other constitutional actors. Often, however, these instruments are not used. Semi-structured interviews with experts (N = 6) in the field of constitutional law revealed to us that the Czech president has broader powers than the Constitution gives him because many constitutional actors do not file a lawsuit even if they had a significant possibility of winning. Our analysis also showed that there are some cases where the experts disagree among themselves such as on the appointment of the governor of Czech National Bank. At the same time, this work revealed the different approaches of the individual presidents in the situations studied. https://acpo.vedeckecasopisy.cz/publicFiles/002726.pdfpresident of the czech republicconstitutional lawsuitcompetence lawsuitarticle 66
spellingShingle Gor Vartazaryan
Kateřina Ochodková
Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?
Acta Politologica
president of the czech republic
constitutional lawsuit
competence lawsuit
article 66
title Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?
title_full Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?
title_fullStr Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?
title_full_unstemmed Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?
title_short Czech Presidents In Trouble: How Successful Can The System Be Against Presidential Misbehaviour?
title_sort czech presidents in trouble how successful can the system be against presidential misbehaviour
topic president of the czech republic
constitutional lawsuit
competence lawsuit
article 66
url https://acpo.vedeckecasopisy.cz/publicFiles/002726.pdf
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