Constitutional Act No. 150 / 1948 Coll.

Constitution of the Czechoslovak Republic

Valid Effective from 09.06.1948
Contents
Článek I. Článek II. Článek III. Článek IV. Článek V. Článek VI. Článek VII. Článek VIII. Článek IX. Článek X. Článek XI. Článek XII. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. § 12. § 13. § 14. § 15. § 16. § 17. § 18. § 19. § 20. § 21. § 22. § 23. § 24. § 25. § 26. § 27. § 28. § 29. § 30. § 31. § 32. § 33. § 34. § 35. § 36. § 37. § 38. § 39. § 40. § 41. § 42. § 43. § 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. § 53. § 54. § 55. § 56. § 57. § 58. § 59. § 60. § 61. § 62. § 63. § 64. § 65. § 66. § 67. § 68. § 69. § 70. § 71. § 72. § 73. § 74. § 75. § 76. § 77. § 78. § 79. § 80. § 81. § 82. § 83. § 84. § 85. § 86. § 87. § 88. § 89. § 90. § 91. § 92. § 123. § 124. § 125. § 126. § 127. § 128. § 129. § 130. § 131. § 132. § 133. § 134. § 135. § 136. § 137. § 138. § 139. § 140. § 141. § 142. § 143. § 144. § 145. § 146. § 147. § 148. § 149. § 150. § 151. § 152. § 153. § 154. § 155. § 156. § 157. § 158. § 159. § 160. § 161. § 162. § 163. § 164. § 165. § 166. § 167. § 168. § 169. § 170. § 171. § 172. § 173. § 174. § 175. § 176. § 177. § 178.
150.
Constitutional Law
of 9 May 1948
CONSTITUTION OF THE CZECH REPUBLIC
The Constitutional National Assembly of the Czechoslovak Republic decided on the following constitutional law:
DECLARATION
We, the Czechoslovak people, declare that we are firmly determined to build our liberated state as a popular democracy that will ensure a peaceful path to socialism.
We are determined to defend our national and democratic revolution with all our forces against all efforts of domestic and foreign response, as we have once again proved before the world by performing in defence of the popular democratic order in February 1948.
We promise each other that they will work together on this great work, hand in hand with both our nations, building on the progressive and humanitarian traditions of their history.
Czechs and Slovaks, two brotherly nations, members of the great family of the Slavonic people, lived together in one state a thousand years ago and together received the highest creation of then-educated Christianity. The first in Europe, in the Hussite Revolution, raised the ideas of freedom of opinion, people and social justice to their banners.
For centuries, the Czech and Slovak people fought feudal exploiters and the German Habsburg dynasty for their social and national liberation. The ideas of freedom, progress and humanity were the leading ideas of both our peoples when they were born at the XIX age for the joint efforts of Slovak and Czech educators from the people. Under the same banner, the two nations, in the First World War, also launched a joint resistance against German imperialism, and initiated by the Great Revolution of October, set up their common state, the Democratic Republic of Czechoslovakia, after centuries of porations, on 28 October 1918.
Even then, in the first resistance, our people, led by a great example of the revolutionary struggle of Russian workers and peasants, for a better social order, for socialism. However, this progressive effort, building on our best traditions, was soon thwarted when, after the division of the workers' movement in December 1920, a myriad of capitalists and landowners managed to reverse progress in our republic in spite of the democratic constitution and lead to the victory of the capitalist economic establishment with all its evils, especially with the horror of unemployment.
When both our nations were threatened with destruction from the new imperialist expansion in the criminal form of German Nazism, the new ruling class, the bourgeoisie, betrayed them again - as once in the Hussite Revolution, the royal nobility. At the moment of the greatest danger, it joined with the enemy against its own people and thus allowed world imperialism to temporarily settle its differences on behalf of both our nations by a shameful Munich agreement.
Thus, the path to a malicious invasion of our peaceful state was loosened to an ancient enemy, whose descendants of foreign colonists were eager to help, settled between us and enjoying our constitution of all democratic rights as well as us. During the terrible events of World War II, both our nations rose to fight for liberation, which, following the countless victims of our best people and with the help of allies, in particular the Slavic power of the Union of Soviet Socialist Republics, culminated in the Slovak and Czech uprisings of 1944 and 1945 in the national and democratic revolution of our people, and was victorious ended by the liberation of Prague by the Red Army on 9 May 1945.
We have now decided that our liberated state will be a national state, deprived of all the hostile elements, living together with the family of Slavic states and in friendship with all the peaceful nations of the world. We want it to be a state of popular democracy in which the people not only legislate with their representatives, but also carry out them themselves. We want it to be a state in which all the economy serves the people and is managed in such a way that the general well-being grows, that there are no economic crises and that the national pension is distributed fairly. On this journey, we want to reach a social order in which human exploitation - socialism - will be completely eliminated.
In this spirit, we will set out in the second part of this constitution its basic articles, and in the third part we will distribute them into detail and we intend to give a firm foundation to the rule of law of our people's democracy.
BASIC ARTICLE OF THE CONSTITUTION
Článek I.
(1) The Czechoslovak State is a People's Democratic Republic.
(2) The people are the only source of all power in the state.
Článek II.
(1) The Czechoslovak Republic is a united state of two equal Slavic nations, Czechs and Slovaks.
(2) The territory of the State constitutes a single and integral whole.
Článek III.
(1) The People's Democratic Republic does not recognise privileges. Work for the benefit of the whole and participation in State defence is a general obligation.
(2) The State guarantees all its citizens, men and women, the freedom of personality and its expression and ensures that everyone receives the same opportunities and opportunities.
(3) All citizens have the right to education, the right to work, to a fair remuneration for the work they have done and to rest after work. National insurance provides citizens with incapacity to work.
Článek IV.
(1) The sovereign people exercise the state authority of the representative corps, which are elected to the people, controlled by the people and accountable to the people.
(2) The right to vote for the representative corps is general, equal, direct and secret. Any citizen can vote once he's 18. Any citizen may be elected once he reaches the age of 21.
(3) In order to procure public affairs and to exercise their democratic rights, the people create voluntary organisations, in particular political, trade union, cooperative and cultural organisations, women and youth organisations and physical organisation.
Článek V.
The National Assembly is the highest legislative authority on one House. It has 300 members (Members), elected for six years.
Článek VI.
Head of state is the President of the Republic, elected by the National Assembly for seven years.
Článek VII.
Government and executive is the highest authority in power. He's responsible for the National Assembly. The President of the Republic shall appoint her and recall her.
Článek VIII.
(1) The Slovakian national authorities are the carrier and executor of state power in Slovakia and the representative of the sovereignty of the Slovak nation.
(2) The Slovak national authorities ensure the equality of Czechs and Slovaks in the spirit of popular democracy. All the authorities of the Republic shall endeavour in accordance with them to create equally favourable conditions for the economic, cultural and social life of both nations.
Článek IX.
(1) The Slovak National Council is the National Authority of Legislative Power in Slovakia. It has 100 members (Members) elected in Slovakia for six years.
(2) The National Authority of Government and Executive in Slovakia is the Board of Authors. He is responsible to the Slovak National Council and Government of the Republic. It shall be appointed and withdrawn by the Government of the Republic.
Článek X.
National committees are the bearer and executor of state power in municipalities, counties and counties and guardian of the rights and freedoms of the people.
Článek XI.
(1) The power of the judiciary is exercised by independent courts.
(2) Judges are both professional judges and judges of the people; both are equal in decision making.
(3) Judges shall exercise their office independently, being bound only by the rule of law of popular democracy.
Článek XII.
(1) The economic system of the Czechoslovak Republic is established
the nationalisation of mineral assets, industry, wholesale and monetary;
land ownership according to the "land belongs to the worker 'principle;
to protect small and medium-sized enterprises and the integrity of personal property.
(2) All national economies in the Czechoslovak Republic should serve the people. In this public interest, the State manages all economic activities through a single economic plan.
DETAILED PROVISIONS OF THE CONSTITUTION
Chapter 1
Rights and obligations of citizens
Equality
§ 1.
(1) All citizens are equal before the law.
(2) Men and women have the same status in family and society and the same access to education as well as to all professions, offices and degrees.
Personal Freedom
§ 2.
Personal freedom is guaranteed. It may be restricted or withdrawn only by law.
§ 3.
(1) No one may be prosecuted, but in cases lawful under the law, only by a court or authority, under the law, by the competent and legal procedure.
(2) No one may be arrested unless he is caught in the act but on a written reasoned order from the judge. The order shall be delivered upon arrest, and, if not possible, within 48 hours of it.
(3) No one may be brought into custody by an official authority but in cases provided for by law; they must then be released within 48 hours or surrendered to the court or authority to which it is, according to the nature of the case, for further proceedings.
Freedom of home
§ 4.
Home freedom is guaranteed. It can only be limited by law.
§ 5.
(1) No one shall be subject to a home inspection, but in cases permitted under the law, only by a court or official body, under the law, by appropriate and legal procedures.
(2) A home examination may be carried out, unless otherwise provided for by the law, on a written reasoned order from the Judge or the Office. The order shall be delivered during the inspection and, if not possible, within 48 hours after.
(3) The authority carrying out the inspection should be proved by its authorization and issued, at the request of the person to whom it has carried out the inspection, immediately and, if this is not possible, within 48 hours at the latest, a written confirmation of the reasons for the inspection and of the result thereof and of the items seized.
Secrets of letters and secrets of messages
§ 6.
No person may infringe the secrets of closed sheets or other documents, whether kept in private, whether sent by post or by other means of transport, but in cases provided for by law and in a manner governed by law. Similarly, the secrets of messages submitted by telephone, telegraph or other such public facilities are protected.
Freedom of residence
§ 7.
(1) Any citizen may settle or reside in any place in the Czechoslovak Republic. This right may be limited only in the public interest under the law.
(2) The right to move abroad may be restricted only by law.
Freedom of property
§ 8.
Within the limits of the general legislation, any citizen may acquire real estate and other property at any place in the Czechoslovak Republic and pursue a gainful activity there.
§ 9.
(1) Private ownership can be restricted only by law.
(2) Expropriation is possible only on the basis of the law and for compensation, unless it is provided by law or provided that compensation is not to be granted.
(3) No one may abuse property rights to the detriment of the whole.
Protection of family and youth
§ 10.
(1) Marriage, family and maternity are protected by the state.
(2) The state ensures that the family is a healthy basis for nation development. The state provides special relief and support to families with many children.
§ 11.
(1) The State guarantees special care and protection for children, in particular it takes constant measures in the interests of national population development.
(2) The child's origin must not be prejudicial to his rights. Details shall be laid down by law.
(3) The state guarantees youth full physical and mental development.
Right to education
§ 12.
(1) All citizens have the right to education.
(2) The State shall ensure that everyone receives education and training according to his or her abilities and taking into account the needs of the whole.
§ 13.
(1) Schools are state.
(2) Basic school education is uniform, compulsory and free of charge.
(3) The details and exceptions are laid down by law.
§ 14.
(1) All education and all teaching shall be designed in such a way that they are consistent with the results of scientific research and do not conflict with the popular democratic establishment.
(2) The top management of all education and all teaching and supervision is the responsibility of the State.
Freedom of conscience and religion
§ 15.
(1) Freedom of conscience is guaranteed.
(2) The world view, faith or belief cannot be harmful to anyone, but it cannot be a reason for someone to deny them the obligation imposed by law.
§ 16.
(1) Everyone has the right to profess privately and publicly any religious faith or to be without religion.
(2) All religion and non-belief are equal before the law.
§ 17.
(1) Everyone has the freedom to carry out acts related to any religious or non-religious declaration. However, the exercise of this right must not be contrary to public policy or to good manners. He's not allowed to be used for non-religious purposes.
(2) No one shall be forced directly or indirectly to participate in such an operation.
Freedom of expression and protection of cultural goods
§ 18.
(1) Freedom of expression is guaranteed.
(2) Any person may, within the limits of the law, express his opinion in a word, in writing, in print, in image or in any other way. The exercise of this right cannot be detrimental to anyone.
§ 19.
(1) Freedom of creative activity is guaranteed. Scientific research and reporting of its results, as well as art and its manifestations, are free if they do not violate criminal law.
(2) Cultural goods are protected by the State. The State shall ensure that they are accessible to all and promote science and art in order to develop national culture, progress and general well-being; In particular, it ensures that creative workers are provided with favourable conditions for their work.
§ 20.
(1) Everyone has the right to make his opinions and the results of his creative mental activity known in general and to disseminate them in any way.
(2) This right can only be limited by law in view of the public interest and the cultural needs of the people.
§ 21.
(1) Freedom of the press is guaranteed. Therefore, it is not, in principle, allowed to submit a provisional censure to the press.
(2) The law lays down who has the right to issue newspapers and magazines and under what conditions, in particular in order not to make profit a purpose.
(3) The law stipulates how, while maintaining the freedom of science and art and taking into account the protection of valuable works, the publication and dissemination of non-periodic publications, in particular books, music and reproduction of works of art, will be planned.
§ 22.
(1) The right to production, dissemination, public screening and the import and export of film is reserved for the State.
(2) Operation of radio and television is an exclusive right of the State.
(3) The exercise of these rights is governed by laws which also provide for exceptions.
Right of petition
§ 23.
Everyone has the right to submit petitions to any public authority.
Freedom of assembly and association
§ 24.
(1) The right of assembly and association is guaranteed if this does not jeopardise the people's democratic establishment or the public room and order.
(2) The exercise of these rights is governed by laws.
§ 25.
(1) In order to ensure their rights, employees may join in a single trade union organisation and have the right to defend their interests through it.
(2) Unified trade union organisations are guaranteed wide participation in economic control and in addressing all issues relating to the interests of the working people.
(3) In individual establishments and offices, the interests of the employees are represented by a unified trade union organisation and its bodies.
Social rights
§ 26.
(1) All citizens are entitled to work.
(2) This right is guaranteed, in particular, by the organisation of work managed by the State according to the planned economy.
(3) Women are entitled to a special adjustment of working conditions with regard to pregnancy, maternity and childcare.
(4) For youth, the law lays down specific working conditions, taking into account the needs of its physical and mental development.
§ 27.
(1) All workers are entitled to a fair remuneration for the work they have done.
(2) This right is guaranteed by a state wage policy, governed by an agreement with a unified union organisation and aimed at constantly increasing the standard of living of the working people.
(3) In determining the remuneration for the work, the quality and quantity of the work and the benefits of the whole shall be determined.
(4) Under the same conditions, both men and women are entitled to equal pay for the same work.
§ 28.
(1) All workers are entitled to rest.
(2) This right is guaranteed by statutory arrangements for working time and paid leave for recovery, as well as care for the recovery of workers.
§ 29.
(1) Everyone has the right to health protection. All citizens are entitled to medical care and to care in both old age and incapacity for work and incapacity for livelihood.
(2) Women are entitled to special care in pregnancy and maternity, children and youth are entitled to full physical and mental development.
(3) These rights are guaranteed by national insurance laws as well as public health and social care.
(4) Protection of life and health at work is ensured in particular by state supervision and regulations on occupational safety measures.
Basic obligations of a citizen to the State and to society
§ 30.
(1) Every citizen is obliged to be faithful to the Czechoslovak Republic, to maintain the Constitution and the law, and to keep the interests of the state in all his actions.
(2) In particular, it is the patriotic duty of each citizen to promote the maintenance and enhancement of national assets and to ensure that national assets are not shortened and damaged.
§ 31.
Citizens are obliged to perform the public functions to which the people have called them, conscientiously and honestly in the spirit of popular democratic establishment.
§ 32.
Every citizen is obliged to work according to his or her abilities and work to contribute to the benefit of the whole.
§ 33.
Taxes and public benefits can only be imposed under the law. Also, only by law can the public authority demand personal performance.
§ 34.
(1) Defending the state and its popular democratic establishment is the ultimate duty of every citizen. Service in the People's Democratic Army of the Czechoslovak Republic is the highest honor for every citizen.
(2) Every citizen is obliged to participate in professional education, perform military service and obey calls for state defence.
(3) In order to defend the State and to prepare it, cooperation and means of action may be required from each and to impose restrictions and benefits in kind.
(4) In the exercise of their powers, the authorities and the public authorities should take the state's defence interests under their authority.
(5) The details are laid down in the law.
General provisions
§ 35.
Only by law can penalties be threatened and imposed.
§ 36.
(1) All public authorities are obliged to manage themselves in the performance of their office or service by law and the principles of popular democratic establishment.
(2) If a public official violates this obligation, he shall be punished by law.
§ 37.
(1) The speeches and actions aimed at endangering the independence, integrity and unity of the state, the constitution, the Republican state and the popular democratic establishment are criminal.
(2) Abuse of civil rights and freedoms for such purposes is inadmissible. In particular, it shall be prohibited to spread Nazism and fascism, racial and religious intolerance and national chauvinism in any form whatsoever.
§ 38.
The law provides for restrictions on the rights and freedoms of citizens in war or when events threaten to an increased degree of autonomy, integrity and unity of state, constitution, Republican state and popular democratic establishment, or public peace and order.
Chapter Two
National Assembly
§ 39.
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Regulation Information

CitationConstitutional Act No. 150 / 1948 Coll., Constitution of the Czechoslovak Republic
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation09.06.1948
Effective from09.06.1948
Effective until-
Status Valid
The regulation text is for informational purposes only.

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