Constitutional Act No. 65 / 1946 Coll.

Constitutional Act on the Constitutional National Assembly

Valid Effective from 18.04.1946
65.
Constitutional Law
of 11 April 1946
on the National Assembly's constitution.
The provisional National Assembly of the Czechoslovak Republic decided on the following constitutional law:
Čl. 1.
(1) It is for the National Assembly to be elected under the general, equal, direct and secret voting rights and the principle of proportional representation to give the Czechoslovak Republic a new constitution.
(2) In addition, it exercises the power of legislature for the entire territory of the Czechoslovak Republic (§ § 6 and § 7 of the Constitutional Charter), subject to the provisions of paragraphs 3 and 4, as well as all other powers conferred by the Constitutional Charter and other laws of the National Assembly of the Czechoslovak Republic.
(3) It is for the Slovak National Council in Slovakia to issue a regulation of the Slovak National Council to the present extent, unless the constitutional National Assembly otherwise provides for this issue.
(4) In order to interpret the scope of application within the meaning of paragraph 3, the existing agreement of the Government and the Slovak National Council, the text of which will be published in this respect by the Minister of Interior in the Collection of Laws and Regulations, shall be relevant.
Čl. 2.
The constituent National Assembly consists of a single House of 300 Members. Its headquarters is Prague. However, if necessary, it may be convened temporarily and elsewhere.
Čl. 3.
All citizens of the Czechoslovak Republic of the Czech, Slovak or other Slavic nationality, without distinction of sex, who have exceeded 18 years of their age and meet the other conditions of the Law on the Choice of the Constitutional National Assembly, have the right to vote for the Constitutional National Assembly.
Čl. 4.
The electors are citizens of the Czechoslovak Republic of Czech, Slovak or other Slavic nationality, regardless of gender, who reached the 21st year of their age and meet the other conditions of the Law on the Choice of the Constitutional National Assembly.
Čl. 5.
The details of the exercise of the right of election and the conduct of elections include laws on the modification of permanent electoral lists and the choice of the constitutional National Assembly.
Čl. 6.
The term of office of the constituent National Assembly shall continue until the legislature of the Czechoslovak Republic meets under the new Constitution, but no more than two years.
Čl. 7.
(1) The rights of the President of the Republic vis-à-vis the Constitutional National Assembly remain unaffected. If the constituent National Assembly is dissolved, the new elections for the new two-year term of office referred to in Article 6 shall be conducted within six weeks under the rules applicable to the election of the constituent National Assembly, unless otherwise provided by law.
(2) The Constitutional National Assembly shall elect 24 members and also alternates of the Standing Committee for which the provisions of the Constitutional Charter on the Standing Committee of the National Assembly are to be used.
Čl. 8.
(1) Rules on the Rules of Procedure will lay down the rules governing the conduct and contact of the Constitutional National Assembly with the Government and on the outside at all; the constitutional National Assembly may, under the Rules of Procedure Act, lay down rules on its internal action by its own order.
(2) Until this happens, and unless this law provides otherwise, it is appropriate to apply the provisions of the constitutional charter, the Rules of Procedure and other provisions applicable to the National Assembly (Chamber of Deputies).
Čl. 10.
(1) The election of individual members of the constituent National Assembly shall be verified and incompatibility under the applicable rules shall be decided by the constituent National Assembly itself, elected by the verification committee and the incompatibility committee.
(2) The verification of elections shall be carried out no later than six months after the establishment of the constituent National Assembly or from the date on which the alternate, taking up his place as a member of this College, made a parliamentary promise.
Čl. 11.
Members of the Constitutional National Assembly shall be subject, mutatis mutandis, to the provisions of the Constitutional Charter and other laws on members of the Assembly of Deputies and members of the Interim National Assembly, unless otherwise provided for in this Act. Paragraph 20 (3) of the Constitutional Charter does not apply to members of the Constitutional National Assembly.
Čl. 12.
(1) The function of a member of the constituent National Assembly is incompatible with that of the President of the Republic and with those of the Governor, members of the Bank Board and of the National Bank's review committee. Other restrictions shall cease to apply.
(2) This is without prejudice to the provisions of § 20, paragraphs 1 and 2 of the Constitutional Charter and of the Act of 18 June 1924, No 144 Coll., on incompatibility (incompatibility).
Čl. 13.
The electoral court shall be annulled.
Čl. 14.
This constitutional law shall take effect on the day of its publication; it shall be carried out by all members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
Gottwald v. r.
Dr Stránská v. r.
Broad v. r.
Dr Šrámek v. r.
Ursines v. r.
Masaryk v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.
Lt-Gen Ferjenčík v. r.
Lichner v. r.

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Regulation Information

CitationConstitutional Act No. 65 / 1946 Coll., on the Constitutional National Assembly
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation18.04.1946
Effective from18.04.1946
Effective until-
Status Valid
The regulation text is for informational purposes only.
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