ABSTRACT
The Constitutional Court of the Czech Republic (CCC) is a Kelsenian-type, judicialized constitutional court whose primary mission is to protect the constitutionality. In line with its design, the CCC has systematically emphasized it has been established in order to play a role of the negative and not the positive legislator. At the same time, the CCC has subscribed to the imperative of judicial self-restraint when performing its functions. In spite of such delimitation of its role in the constitutional system, the CCC has had a non-negligible impact on both constitutional and ordinary law in the Czech Republic. Using techniques that have ranged from annulling rules conflicting with the Constitution via creative interpretation of constitutional rules to rendering interpretative judgements or making obiter dicta pronouncements on the law, the CCC has produced judicial legislation, as occasionally admitted even by its justices themselves.
