Page:The Czechoslovak Review, vol4, 1920.pdf/255

The Constitution of the Czechoslovak Republic is a thoroughly modern document—a typical product of the times. Throughout the rights of the whole people are protected against usurpation by those in power, while the interests of the minorities, though preserved, are subordinated to the welfare of the majority. In the last analysis we find the power of government rests solely in the hands that issued it—the people. While by no means perfect, according to American experiences and standards, yet it throws abundant light on the mental and spiritual attitude of a nation in the midst of cross-currents of European politics and deeply imbedded in the mire of economic disorganization from which it is gradually emerging.

The National Assembly consists of the Chamber of Deputies, with 300 members, and the Senate, with 150 members. The two bodies are coordinate—both may initiate legislation—yet the Senate is amenable to the lower house which may override any rejection by the upper house.

Citizens over 30 years of age are eligible to the Chamber of Deputies; and, all citizens over 21 years of age may vote for Deputies.

Citizens over 45 years of age are eligible to the Senate; and, all citizens over 26 years of age may vote for Senators.

Another distinction is found in the terms of service; Deputies are chosen for six years, while Senators serve eight years. No bill passed by one house may become law, unless it is accepted by the other, except, however, that the Chamber of Deputies may override the nonconcurrence of the Senate, or when the Chamber of Deputies fails to reject, by a stated vote, a Senate proposition.

When the Chamber of Deputies passes a bill, it is sent to the Senate, which has six weeks on ordinary bills and one month on budgets and defense bills, to act. Senate fails to reject within the specified time a proposal of the lower house, it is deemed to have assented to the proposed legislation.

If the Senate passes a bill, it is sent to the Chamber of Deputies which has three months to act on Senate bills. If it fails to act within the specified time it is deemed to have accepted the proposed legislation.

A novel feature of the Czechoslovak Constitution is the provision giving effect to bills passed by one house and rejected by the other. Thus, if the Chamber of Deputies originates and passes a bill which the Senate rejects, it will be deemed as passed by the National Assembly provided the Chamber of Deputies (1) repasses it by a majority membership vote in ordinary instances, or, (2) if the Chamber of Deputies repasses the bill by a three-fifths membership vote in those cases where the Senate rejected the proposed legislation by a three-fourths membership vote.

Likewise, if the Chamber of Deputies rejects a bill of the Senate, and the Senate repasses the bill, it is again sent to the lower house and is deemed to have passed the National Assembly, unless the Chamber of Deputies again rejects it by a majority membership vote, in which case it is “dead” for one year.

The government may introduce legislation in the National Assembly, which, thereupon, takes the ordinary course. However, if the National Assembly refuses to give its assent to a measure sponsored by the government, the latter may appeal directly to the voters, if the government unanimously so decides, who by ballot determine the fate of the bill.

A veto by the President of a bill passed by the National Assembly may be overridden, provided a membership majority vote is secured in each house.

To bring the President or any member of the government (cabinet) before the Senate for trial, it is necessary that the Chamber of Deputies approve charges when two thirds of its membership is present by a two-thirds vote of those present.To declare war a three-fifths vote of all the members in each house is necessary.

Two sessions of the National Assembly are held annually—in March and in October. One third of the membership in each house constitutes a quorum and to pass bills a majority of those present must vote affirmatively. Budget and defense