The Impact of the Delegation Doctrine on the Czechoslovak Constitutional Court

Authors

  • Mauro Arturo Rivera León Universidad de Silesia en Katowice

DOI:

https://doi.org/10.17811/hc.v0i24.941

Keywords:

Czechoslovak Constitutional Court, legislative delegation, origins of Judicial Review

Abstract

This paper analyzes the impact of the first decision of the Czechoslovak Constitutional Court regarding the constitutionality of ordinance 450/1920 on the incorporation of Vitorazsko and Valčicko, which established the doctrine of impermissibility of legislative delegation. Despite a majority of Magistrates held the Ordinance unconstitutional, the Court was unable to gather the supermajority to determine its unconstitutionality. I argue that the decision had significant consequences for the Court, indirectly leading to its temporary disappearance as retaliation by the government. Contrary to initial impressions, the supermajority did not significantly influence the consequences suffered by the Court. This study contributes to the limited Spanish-language literature on the Czechoslovak Constitutional Court and, in general, to the specialized literature on its decisions.

Enviado el (Submission Date): 10/04/2023

Aceptado el (Acceptance Date): 27/04/2023

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Published

2023-09-04

Issue

Vol. 1 No. 24 (2023): Historia Constitucional N. 24 (2023)

Section

Europe and United States of America

License

Copyright (c) 2023 Mauro Arturo Rivera León

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