Page:The Czechoslovak Review, vol4, 1920.pdf/320

To an American, a survey of the fundamental basis of the new Czechoslovak Government presents features of enlightenment, interest and progressiveness. Certain provisions of the Czechoslovak Constitution indicate a strong leaning towards recognition of situations which are present day commonplaces, but which at the time of the enactment of our Constitution were hardly remote possibilities. On the whole, bearing in mind the exigencies which confronted the new nation last year, and still confront the whole of Europe, the document is a splendid manifestation of the intelligence and foresight of the founders.

Obviously, the founders of the nation and the framers of the constitution were beset, at the very inception, with problems which were presented by the geographical arrangement of the country and the revolutionary aftermath of the Great War. While the principles for which the brave people fought were staunch, there were difficulties in the consummation of a plan of government which would discern and provide for the support of those principles upon a sound, progressive and permanent basis. In such travail, the incorporation of certain radical departures from safeguards which are guaranteed under our constitution may be explained.

The most serious indications of strength of the elements at war with the safety and peace of nations are

(1) Property rights have no constitutional protection; and

(2) jury trials are not mandatory.

An instrument which undoubtedly establishes an interesting advance over the system of voting existing in this Country is proportionate voting. This is mandatory under the Czechoslovak Constitution. Such voting results in real representation of all the people. The smallest minority must have a vote and a representation for the expression of its views. It has been said that proportionate voting results in the questionable benefit of compromise legislation. To a new Republic, and in fact to any Republic, compromise legislation generally means conservatism in the policies of the country,—a conservatism which the interest of the country and its people will always regulate.

Under the Constitution, the people elect a National Assembly. This body is similar to our Congress. It consists of a Chamber of Deputies, elected by all citizens over the age of 21 years, and a Senate elected by all citizens over the age of 26. The Chamber of Deputies consists of 300 members and the Senate of 150 members. The Constitution places the ultimate power to legislate and to control legislation in the Chamber of Deputies. No bill can become law without the assent of the Chamber of Deputies; and bills promulgated by the Chamber of Deputies may become law even after the rejection by the Senate and the President of the Republic. In this way the legislation of the Republic is more directly under the control of the people than in this country. The possibility of “killing” measures presented by the Chamber of Deputies by “burial” in a committee or sub-committee, as often happens in our Country, is eliminated by the Constitutional provision that a Chamber of Deputies bill must be acted upon by the Senate within four to six weeks from its submission (depending upon the nature of the measure), and the failure to act upon the measure within that time is equivalent to its approval.

The present day propaganda for the Referendum and Recall seems to have been met with a cold reception in the new Republic. The Constitution does not provide for Recall. The only Referendum provided for relates to bills offered by the Cabinet and rejected by the National Assembly. Such bills may then be referred to the vote of the people by unanimous action of the Cabinet.

A very wise introduction is the provision for the appointment of a Commission of