Journal of the Charles University Law Faculty
Martin Neumann
Author’s affiliation:
Faculty of Law, Charles University in Prague
The Role of Countersignature and the Possibility of Its Refusal
Jurisprudence 3/2024 Section: Articles Page: 15-21
Keywords: countersignature; accountability; presidential powers; president-government relation
Abstract: The article addresses selected aspects of the countersigning of the head of state’s acts and its role in defining the relation between the head of state and the government. The initial part of the paper introduces the general and theoretical background of the purpose of countersignature in constitutional law, particularly in the context of the development of the concept of an unaccountable head of state. Thereafter, the relevance of countersigning in the Czech and Czechoslovak tradition is discussed, followed by an examination of some aspects of the countersigning process in the Czech constitutional system in relation to the perception of its significance. Based on specific cases from the past three decades, the article analyses the gradual formation of understanding of the division of roles of constitutional bodies in the adoption of countersigned decisions.
