ABSTRACT

This chapter outlines the history and development of the institutional protection of fundamental human rights and freedoms in the territory which constitutes the Czech Republic. It analyses the constitutional basis and legal regulation of the judges of the Constitutional Court as laid down by legislation. The chapter discusses the Constitutional Court’s practice, the results of its activities and some problems relating to the Court. The Judge is bound only by constitutional laws, including the Act on the Constitutional Court, and by treaties on human rights and fundamental freedoms ratified and promulgated by the Czech Republic. The requirement of the Senate’s consent instead of that of the Court in plenary session is considered to be an improper interference with the independence of the Judges of the Court. The Court is composed as a democratically established collective body, where all Judges are equal when they decide a case.