Unconstitutional Constitutional Court?

On 1 September the Constitutional Court decided to postpone the early elections scheduled for 9-10 October based on a complaint filed by an unaffiliated MP Miloš Melčák who deemed the decision of parliament to disband the lower house and call early elections unconstitutional since the disbanding can only take place when the parties fail to form cabinet three times in a row.

Immediately, all parties united in attacking the Constitutional Court and an attempt at finding a way of circumventing its decision. ČSSD leader Jiří Paroubek called the court "unconstitutional". On 10 September, the court decided not to reject the complaint thus definitely disabling the early elections as it would be impossible for the court to issue judgment in time. President Václav Klaus said the court "willingly and intentionally deepened the political crisis" and should have its powers curbed.

Deputy Chairwoman of the court Eliška Wagnerová said the Constitution is to determine the rules and warned that "once you allow for something that isn't good you will easily allow for it the second and third time".

The parliament and the President are ready to pass the necessary constitutional changes allowing the disbandment and early elections, though this move can again be contested as unconstitutional.

• Should Constitution be untouchable under all circumstances?
• Who should determine the changes to it?
• Should politicians have the power over Constitutional Court?

Barbara Bindasová is a staff writer and translator at the Monitor. She is a graduate student of literature at Charles University.
You can reach her at barbara@praguemonitor.com. See more of her stories here.