Negativní parlamentarismus v Ústavní listině Československé republiky, inspirace a její limity

Abstract

It has been 100 years since the adoption of the Constitutional Charter of the Czechoslovak Republic. The tradition of this document is alive in the constitutional order of the Czech Republic. However, this tradition cannot be absolutized, it would confuse the interpretation of the current legal system. While the Constitutional Charter of the Czechoslovak Republic from 1920 was built on the so-called principle of negative parliamentarism, today the constitutional order is built on the so-called positive parliamentarism, which does not allow “non-political” government. De lege ferenda, the question is whether it would not be more appropriate to strengthen the positive parliamentarism and return to 1918 – to elect a government.