Journal of the Charles University Law Faculty
Michael Douša
Author’s affiliation:
Faculty of Law, Charles University in Prague
Relations between the government and the head of state in a parliamentary form of government
Jurisprudence 3/2024 Section: Articles Page: 7-14
Keywords: president, government, prime minister, Constitution of the Czech Republic, Constitution of the Slovak Republic, resignation, appointment
Abstract: Disputes within the double-headed executive, whether concerning the appointment and removal of ministers, members of high state institutions, or even entire governments, have moved the Czech political scene in their time, but rarely have these conflicts been resolved in any other way than politically. This is why it is important to look at the not yet fully clarified relationship between the president and the government – in terms of constitutional (and extra-constitutional) powers. The paper is primarily focused on the attempt to map the limits of certain powers, especially in the relationship between the president and the government, or between the president and the prime minister, who has a rather specific position in the Czech government. It focuses mainly on three types of disputes, namely resignation, dismissal, and appointment disputes. I then compare these with the situation in Slovakia, which is similar to the Czech Republic in its parliamentary form of government, but far from identical.
