Its explanatory notes clearly and openly articulate the need for "strengthening of the structural role of the central government of the federation".

The need for a new federal constitution was first announced officially at the 17th Congress of the Communist Party of Czechoslovakia in spring 1986.

In its last draft, it was to be a single constitution serving both the federation and the two republics and, in contrast with its predecessor, did not include the leading role of the Communist Party, and somewhat expanded the list of basic human rights.

Both republics had passed constitutional acts on their symbols, and had had a number of powers devolved to them, which were hitherto vested in federal bodies.

The members of the committee of the Czech National Council were Marek Benda, Jiří Bílý, Pavel Hirsch, Antonín Hrazdíra, Ivana Janů, Hana Marvanová, Ivan Mašek, Jaroslav Ortman, Jiří Payne, Anna Röschová, Vítězslav Sochor, Milan Uhde, and Jan Vik.

Miroslav Výborný proposed a solution to the problem, introducing the idea of the so-called constitutional order, although influential jurists (Filip, Knapp) were critical of it.

The explanatory notes were written by Cyril Svoboda and Milena Poláková, on the weekend before it was due to be presented to prime minister Klaus.

The text recalls the history of Czech statehood and goes on to declare the basic values of the state, mentioning democracy and, thanks to Havel, the "civic society".

The word "sovereign" means that the Czech Republic is fully capable of holding rights and carrying out legal acts, and is a full subject of international law, independent of any other power.

The definition of the Czech Republic as a democratic Rechtsstaat stresses the combination of the two principles, democracy and the rule of law.

From this article, a duty arises for the government, namely the legislature, not to enact laws which would impede compliance with international legal obligations.

Paragraph 2 makes it possible for future enactment of a constitutional act that would introduce some institutions of direct democracy, namely via referendum.

In the end, it did find its way into the Constitution with support from some social democratic deputies, and at the insistence of Václav Havel.

In the end, all committees of the Czech National Council proposed in December 1992 that a reference to the Charter be incorporated into the first section of the Constitution.

The Charter, hitherto part of Constitutional Act 23/1991 Coll., was disconnected from it and newly enacted in an extraordinary resolution of the Presidium of the Czech National Council, and published as No.

Article 6 is dedicated to political decision-making, enshrining the principles of majority rule coupled with the protection of minorities.

Such a provision is indispensable, as it is a substantial constitutive feature of democratic 'rechsstaat', as well as a requirement of the European Charter of Local Self-Government.

Another important historical instance of entrenched clause in a constitution was enshrined in the Basic Law for the Federal Republic of Germany of 1949, in reaction to development of 1919–1945.

Until the 'Euro-amendment' came into effect, it bestowed legal power akin to constitutional order onto international treaties on human rights and fundamental freedoms.

This was likely an attempt to overcome case law of the Supreme Administrative Court, which has adjudicated that there is a right to Czech citizenship.

It provides for the ways in which specific executive powers shall be delineated between the President of the Republic and the government (as headed by the Prime Minister).

The chapter also outlines the nature of the direct election of the President by the public as well as the limitations of presidential power in selecting a government.

In article 81, the Constitution states that the judicial power shall be carried out in the name of the republic by courts of law, independent on the legislature and the executive.

The 15 judges, nominated by the Senate and named by the president for the period of 10 years, are granted immunity akin to the one members of parliament enjoy.

The document concludes by weighing in on a number of so-called 'interim' issues which mainly applied to the Republic in its first year of existence.

Of the provisions of this chapter, by far the most lasting has been Article 112 (1), which made the Charter of Fundamental Rights and Freedoms (1991) a part of the constitution.

347/1997 Coll, on the Creation of Higher Self-Governing Units and Amending Constitutional Act of the Czech National Assembly No.

has in essence been prepared back in 2001 by the standing committee of the Senate for the Constitution of the Czech Republic and parliamentary procedures.

At the same time, the Act fixed a loophole in the Constitution, which had not foreseen and provided for the situation, when the president would not be able to call elections.

In June 2011, the government introduced into the chamber of deputies a bill of a constitutional act, providing for president to be elected by popular vote.