Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
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AUC IURIDICA, Vol 45 No 1 (1999), 51–56
Bilance a mýtus ústavy z roku 1920 v konstitučním myšlení
[Balance and Myth of the Constitution of 1920 in Constitutional Thinking]
Pavel Peška
DOI: https://doi.org/10.14712/23366478.2025.276
published online: 31. 03. 2020
abstract
The content of the paper by Prof JUDr. Pavel Peška, DrSc., is expressed in its title “Balance and Myth of the Constitution of 1920 in Constitutional Thinking”. The author finds the advantages of the constitution mainly in its democratic character as well as in its juristic culture. Among its shortcomings he mentions first of all Czecho-slovakism (since 1927 Slovakia was just one of four countries constituting Czechoslovak Republik), the unsolved issue of Sub-Carpathian Ukraine, overgrown centralism, the formally weak position of president (principle of contrasignature), two chambers of the Parliament and the limitation of selfgovernment (1/3 of the members of regional and country authorities is appointed and the chairman of the body can even veto decisions of the authority). Further Prof. Peška monitors the historic destiny of constitution of 1920. The author briefly depicts the development and conflicts of opinions on the new constitution in the course of arguments about it (motions by Prof. Kubeš, Dr. Táborský and Prof. Vladimír Procházka). Then he considers the relationship between the constitution of 1948 and that of 1920. The new constitution on the one hand follows the constitution of 1920, but at the same time it lays down “3 N”, i.e. nationalization, solving national issues and system of national committees, and it also includes so-called social rights of citizens. The author labels this constitution as fictitious, while the real constitution is the leading role of the Communist Party both in the state and in the society. The constitution of 1960 then gets rid of the merely formal effect of the democratic principle of division of power and juristic formulation of civil rights. Some indications of a revival of the First Republic constitution myths appeared in the sixties, in particular in the year 1968. But as a result of notorious facts the only outcome of all the efforts was federalization.
Bilance a mýtus ústavy z roku 1920 v konstitučním myšlení is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
E-ISSN: 2336-6478
