Amnesty – a blind spot in the Czech constitutional system?

Keywords: amnesty, reviewability, judicial restraint, Constitutional Court of the Czech Republic, legal regulation

Abstract: When the question of the reviewability of amnesty was brought before the Constitutional Court for the first time and so far, the last time, it prompted mixed reactions. However, according to the author of the text, there has not been sufficient reflection on this decision in the scholar research since then, which is the reason why the following text critically analyzes the various arguments that the Constitutional Court and available sources present regarding the reviewability of amnesty. The essay disagrees with the reasoning of the Constitutional Court's decision and defends the argument that amnesty is reviewable by the Constitutional Court in the Czech legal order. The introductory chapters clarify key concepts related to amnesty – prerogative and rule of law. Further, various positions on the legal nature of the act of amnesty, answering which is key for the contribution, are discussed. The way in which the Constitutional Court employs the principle of judicial restraint in considerations about admissibility or jurisdiction is criticized. An approach that promotes considering this principle in the argumentation on the merits is supported.

Available in ASPI Download