International Conciliation 
 
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 THE CONSTITUTION 
 
 OF THE 
 
 CZECHO-SLOVAK REPUBLIC 
 
 WITH INTRODUCTIONS BY 
 
 JIRI HOETZL and V. JOACHIM 
 
 OCTOBER, 1922 
 No. 179 
 
 AMERICAN ASSOCIATION FOR INTERNATIONAL CONCILIATION 
 
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 CONTENTS 
 
 I. The Definitive Constitution of the Czecho- 
 slovak Republic, by Dn. JiSi Hoetzl 5 
 
 fl. Rules of Franchise; the Constitutional Court, 
 
 by V. Joachim ^^ 
 
 CONSTITUTIONAL LAWS 
 
 ni. The Law of February 29, 1920 31 
 
 IV. The Constitutional Charter of the Czecho- 
 slovak Republic 
 
 V. Act of February 29, 1920, EsTAiJLisiiiNG the Princi- 
 ples of Language Rights within the Czecho- 
 slovak Republic 
 
 35 
 
 74 
 
 VL Act of February 29, 1920, Setting Forth the Con- 
 stitution AND Jurisdiction of the Senate ... 80
 
 " 379 
 
 UCSB LIBRARY , 
 
 f\U 
 
 THE DEFINITIVE CONSTITUTION OF THE 
 CZECHOSLOVAK REPUBLIC 
 
 By Dr. Jiri Hoetzl 
 
 The National Assembly of the Czecho-Slovak Re- 
 iniblic — a body which was the product of the Revolu- 
 tion — determined, by an enactment dated Febru- 
 ary 29, 1920, on the definitive Constitution of the 
 land. Conditions resulting from the war prevented 
 this Constitution being elaborated with the parlia- 
 mentary co-operation of non-Czech citizens of the 
 Republic (i. e. Germans and Magyars), particularly 
 as the frontiers of our state had not at all points as 
 yet been finally determined upon. The National 
 Assembly, with due regard to this fact, endeavored 
 to elaborate a Constitution which should be both 
 just and impartial, so that our state might in all 
 honor defend it against criticism however severe — 
 a criticism taking just account of all attendant cir- 
 cumstances. 
 
 The Charter of the Constitution expressly declares 
 the Czecho-Slovak Republic to be a democratic repub- 
 lic. It is a unified, not a federative state. Only the 
 territory of Russinia (Podkarpatska Rus) enjoys a 
 special position in regard of public rights, defined in 
 Par. 3 of the Charter. By these provisions, the Treaty 
 of St. Germain-en-Laye (Articles 10-13) made on 
 September 10, 1919, between the Allied and Asso- 
 ciated Powers of the one part and the Czecho-Slovak 
 
 [5]
 
 380 
 
 Republic of the other part, has been carried into effect 
 within the state itself. The Czecho-Slovak Republic, 
 it is true, was under no obligation according to Article 
 I of the said treaty, to declare the Articles 10-13 as 
 fundamental (constitutional) articles. By doing so in 
 Par. 3 of the Charter the Republic clearly shows that 
 she desires fully to guarantee the autonomous existence 
 of the territory of Russinia. Our Republic has done 
 more than its international duty, not only formally 
 but also de facto, in admitting the members of the 
 National Assembly (deputies and senators) elected in 
 Russinia, to full rights of discussion, of voting and 
 participation in all acts of the National Assembly, 
 although Article 13 of the Treaty of St. Germain lays 
 down: "Toutefois ces deputes ne jouiront pas du droit 
 de vote dans la Diete Tchecoslovaque en toutes 
 matieres legislatives du meme ordre que celle at- 
 tribuces a la Diete ruthene." 
 
 The organization of the territory of Russinia is 
 being carried out and is facilitated by Section 8 of 
 Par. 3 of the Constitutional Charter. The unity of 
 our state recognized inter alia in Article 10 of the 
 Treaty of St. Germain, is emphasized in Par. 4, accord- 
 ing to which, citizenship of the Republic is one and 
 uniform. 
 
 At the head of the Charter of the Constitution 
 stands the principle that: "The people is the sole 
 fountain of state authority in the Czecho-Slovak 
 Republic." 
 
 The Charter does not treat this principle as a mere 
 formula but endeavors to give constitutional life to it, 
 limiting its application only in cases where the integ- 
 rity and security of the state categorically demand 
 restrictive stipulations. 
 
 16]
 
 38i 
 
 Legislative power is unified — the autonomous diet 
 of Russinia of course forms an exception. Our little 
 state could not permit the different provincial diets, 
 previously existing, to continue their functions. 
 Par. 7, therefore, of the Charter declares the legisla- 
 tive and executive powers of the diets of Bohemia, 
 Moravia and Silesia at an end. The legislative body 
 (National Assembly) is composed of two chambers: 
 the House of Deputies and the Senate. Both chambers 
 are elected by direct ballot on the basis of democratic 
 rules of suffrage which recognize the absolute equality 
 of both sexes (Par. 8-17 of the Charter). The elections 
 take place on the principles of proportional represen- 
 tation carefully worked out to the minutest details. 
 A second and a third scrutiny secure as perfect a 
 representation as is possible to the weaker political 
 parties. The rules of franchise both for the House 
 of Deputies as for the Senate draw no distinctions in 
 regard of race or religion; they are equally just to all. 
 It has been the earnest endeavor of our state to apply, 
 in all its consequences, the principle expressed in Sec- 
 tion I of Article 7 of the Treaty of St. Germain (Par. 
 128, Section i of the Constitutional Charter). Our state 
 has also conscientiously applied this principle in draw- 
 ing up the rules of franchise. 
 
 It is important to note, too, that our rules of 
 franchise are totally devoid of all that electoral 
 trickery so characteristic of the Austrian franchise. 
 A proportionately large number of seats has been, it 
 is true, given to the constituency of Prague, but this is 
 explained by the fact that, on the one hand, thiselectoral 
 district contains the capital of the Republic with its 
 enormous possibilities of development and that, on 
 the other hand, the district was purposely neglected
 
 382 
 
 by the Austro-German Governments. It is absolutely 
 certain that the large influx of population continually 
 going on will result in a large increase in the number 
 of inhabitants. The rules of franchise, calculated to 
 cover a long period of time, had to be adapted to these 
 facts and circumstances. As to the technical aspect 
 of electoral procedure, great care has been taken to 
 secure that every elector may record his vote without 
 suffering from any outside constraint whatsoever. 
 Here, too, all persons are treated exactly alike, no re- 
 gard being paid to difference of race or religion. 
 
 Great care has been bestowed upon the organization 
 of the legislative body. Tough political fights ended 
 in compromise and the Chamber of Deputies emerged 
 as the political factor par excellence. It is this cham- 
 ber alone that, by a vote of non-confidence, can compel 
 the resignation of the government (Par. 75 and 78 
 of the Charter of the Constitution). The Senate, on 
 the other hand, exercises rather the functions of 
 amendment and moderation. The age-limit prescribed 
 for eligibility to the Senate (forty-five years) is a 
 guarantee that this chamber will be composed of 
 members of experience and judgment. As an offset to 
 this somewhat high passive age-limit, the active fran- 
 chise is enjoyed by all citizens who have attained the 
 age of twenty-six years (and not thirty as was proposed 
 in many quarters). The reciprocal relations of the two 
 chambers in respect of lawmaking — as determined 
 by the Charter of the Constitution after protracted 
 struggles and discussions — do not follow the lines of 
 those of any other country. In principle the two 
 chambers are in so far equal that they both enjoy the 
 right of initiative, and that even government bills 
 may be first introduced in either house. Only in the 
 
 [8]
 
 383 
 
 case of budget and army bills must the measures 
 first pass through the House of Deputies. On the 
 whole it may confidently be said that more discipline 
 and conservatism have been introduced into the legis- 
 lative labors of the new National Assembly and cer- 
 tainly more settled economic and political conditions 
 in Europe generally will contribute also thereto. 
 
 It is naturally of the greatest importance to our 
 state that all parliamentary work should take an un- 
 disturbed and effective course. Much care has there- 
 fore been devoted to the elaboration of rules of 
 procedure. It is particularly worthy of notice that 
 these rules concede to racial minorities within the 
 state the maximum of rights compatible with the 
 practical working of the parliamentary machine. A 
 comparison with the conditions existing in the former 
 parliaments of Vienna and Budapest will show how 
 infinitely better is the lot of the racial minorities in our 
 Republic than was the lot of the Czechs and Slovaks 
 under the old regime at Vienna and Budapest. At 
 the same time, it was necessary that the rules of 
 procedure should keep in check, if not render abso- 
 lutely impossible, all malicious attempts to frustrate 
 the practical labors of Parliament. 
 
 The democratic spirit of our Constitution is like- 
 wise shown in Par. 54 of the Charter of the Constitu- 
 tion. This paragraph provides for the setting up of a 
 permanent committee — two-thirds of the members 
 of which are taken from the House of Deputies and 
 one-third from the Senate — which shall take the place 
 of the National Assembly when the latter is unable to 
 sit. Governmental and executive authority is thus, in 
 principle, devoid of such power as was possessed, for 
 example, by the Government of the former Austrian 
 
 I9]
 
 384 
 
 Empire in virtue of the notorious Article XIV of the 
 law relating to the representation of the Empire. 
 The Charter of the Constitution docs not permit the 
 government of our state to remain for one moment 
 without the control, nor yet without the aid of the 
 legislative body. 
 
 The President of the Republic, it is true, has been 
 conceded certain prerogatives in respect of the Na- 
 tional Assembly; it is he who convokes, prorogues, 
 terminates, and dissolves Parliament; but strict limits 
 have been set, in the interests of Parliament, to these 
 prerogatives (Par. 28-31 of the Charter of the Con- 
 stitution). The President is bound to convoke Parlia- 
 ment at least twice a year to regular sessions; besides 
 which he may summon it to extraordinary sessions 
 if need be. On the request of a qualified majority of 
 either chamber, both chambers assemble, if necessary 
 automatically, at the summons of their respective 
 presidents, without regard to the wishes of the Presi- 
 dent of the Republic. The Charter of the Constitu- 
 tion protects in this matter even parliamentary mi- 
 norities, for they too have the right to demand the 
 convocation of Parliament and if the President of the 
 Republic takes no steps to this end the Parliament 
 meets automatically within a certain period on the 
 summons of its presidents. This provision (Par. 28 
 of the Charter of the Constitution) proves how our 
 state protects a minority in a sphere so sensitive as 
 is that of Parliament. A minority has the right to 
 compel the summoning of Parliament! 
 
 The President of the Republic is entitled to return, 
 with his observation thereon, any law passed by the 
 National Assembly (Par. 47 of the Charter of the Con- 
 i.titution). In spite of the veto of the President the
 
 385 
 
 Assembly may promulgate the law in its original form 
 with the assent of an absolute majority of both houses 
 (or otherwise under the special conditions set out in 
 Par. 48 of the Charter of the Constitution). 
 
 It is appropriate here to point out that the Charter 
 of the Constitution is placed in its entirety under the 
 special and effective protection of a Constitutional 
 Court. It is intended that the Charter of the Consti- 
 tution be the foundation stone of the w^hole life of the 
 state, the fountain of the rights of all citizens. An 
 ordinary law may not conflict with the Constitution 
 without becoming null and void. The judgment of the 
 Constitutional Court declaring a law invalid causes 
 it or its defective part to lose its binding force for the 
 future. This institution likewise serves as a protection 
 of the rights of minorities whether racial or religious. 
 
 In this connection may be also noted the provision 
 of Par. 55 of the Charter, stipulating that government 
 decrees (by-laws) may be issued only on the basis of 
 a law and within its terms. The power to issue orders 
 "practer legem, as exercised, for instance, in France," 
 does not exist here. It is the duty of the courts to see 
 that this principle is duly observed (Par. 102 of the 
 Charter of the Constitution) and they have power to 
 declare as null and void every decree or by-law which 
 does not conform to the law. 
 
 GOVERNMENTAL AND EXECUTIVE POWER 
 
 This power in its highest aspects is shared between 
 the President of the Republic and the government. 
 The election of the President is indirect, that is, he is 
 chosen by the two chambers of Parliament assembled 
 in united session. The President enjoys such govern-
 
 386 
 
 mental and executive power as is expressly assigned 
 to him by the Charter of the Constitution or by other 
 laws of the Republic; all other governmental and 
 executive power rests in the hands of the government. 
 The functions of the President as set out in Par. 64 of 
 the Charter of the Constitution are very comprehen- 
 sive and effective and enable the President to exercise 
 a great influence on the direction of the affairs of the 
 state, without at the same time burdening him with 
 details. As the President of the Republic is not 
 responsible at law for his political acts (except as set 
 forth in § 67 of the Charter), governmental and execu- 
 tive power has been in principle placed in the hands 
 of the responsible factors, that is, the government. 
 The Constitution expressly introduces the principle 
 of collective responsibility of the government (Par. 75 
 and 78 of the Charter). A characteristic feature of 
 our Constitution is the effort to secure that all the 
 more important matters of government be settled in a 
 council of ministers, a cabinet meeting (Par. 80 and 81 
 of the Charter of the Constitution), the idea being to 
 render it impossible for an individual minister to 
 abuse his position. This effort, as evidenced by the 
 Charter of the Constitution, to ensure a collective 
 and corporate discussion and action in the affairs of 
 government, goes so far as to deny to ministers the 
 right of appointing civil servants of the seventh and 
 eighth classes. These provisions, too, of the Consti- 
 tutional Charter are a protection to miinorities and 
 aim at assuring an undisturbed and responsible con- 
 duct of the affairs of government. 
 
 Democratization among us is not confined to legis- 
 lative authority; one of our great tasks is the democ- 
 ratization of the public administration, and to this 
 
 [12]
 
 387 
 
 work the foundations have been laid by Par. 86 of the 
 Charter, where it is laid down that the civic element 
 shall as far as possible be represented in the subord- 
 inate offices of state. The law creating special admin- 
 istrative bodies for the counties (zupy) and the dis- 
 tricts (okresy) represents an effort to put this con- 
 stitutional principle into practice. It is a bold step 
 + owards reorganizing public administration in a more 
 democratic direction. The civic element thus partic- 
 ipates in all political administration (interior) in the 
 subordinate offices (ministries are an exception). 
 This participation is particularly conspicuous in the 
 organization of the administrative courts {contentieux 
 a priori et a posteriori), where it is a matter of the 
 protection of the rights and interests of citizens. The 
 Czecho-Slovak Republic has in this way introduced for 
 us a new kind of autonomy, giving even racial and 
 religious minorities the opportunity of collaborating 
 in the management of their own affairs, or indeed of 
 settling the same themselves. Such collaboration or 
 power of settlement will have a great importance for 
 the solution of the problem of minorities generally 
 (Par. 133 of the Charter of the Constitution). We have 
 often been asked whether we have not gone too far in 
 our efforts at democratization. It was necessary, how- 
 ever, to proceed energetically towards the reorganiza- 
 tion of the administration as it was bequeathed to us 
 by Austria. Much will depend on the maturity of our 
 people, which is now favorably influenced by the fact 
 that all citizens may at last participate in the public 
 administration. 
 
 The good quality of administration does not depend 
 only on the good quality of juridical rules; in reality 
 everything depends on the moral and intellectual 
 
 I13I
 
 388 
 
 qualities of those who are charged with the adminis- 
 tration. Every state has to take measures which in 
 this respect have a preventive or repressive effect. 
 The most effective measure here is the duty imposed 
 on a state official or on the state itself to make good 
 any damage caused to a citizen through the illegal 
 exercise of public power. In this regard our Republic 
 has had in mind the examples especially of France and 
 England, and has determined this question by special 
 enactments, hoping thus to assure a just application 
 of juridical rules for the benefit of all citizens generally 
 and of minorities in particular. Paragraphs 92 and 
 93 of the Constitutional Charter form the basis of 
 these measures, to which effect will be given as soon as 
 conditions become normal again. 
 
 A special section (Section V) of the Charter of the 
 Constitution is devoted to the so-called fundamental 
 rights and liberties of citizens. The enumeration of 
 them is much more comprehensive than is usual in 
 Constitutional Charters and emphasis has been given 
 to certain matters, the importance of which was mani- 
 fest in what was formerly Austria. Privileges derived 
 from sex, birth or calling are not recognized; private 
 ownership is inviolable, Par. 109 of the Charter declar- 
 ing that private ownership may be limited or abolished 
 only by law, that is, not by any mere executive measure. 
 All these rights guaranteed by the Constitution are 
 protected, by the Supreme Administrative Court, a 
 court which, in the technical sense, sees to the legality 
 of the public administration when claims or complaints 
 are advanced from any quarter. Our state is thus 
 fitted out with all the attributes and means of a state 
 based upon right. That it is possible in certain cases 
 to limit by an ordinary law the rights and liberties 
 
 I14]
 
 389 
 
 guaranteed by the Constitution or even, in circumstan- 
 ces of some extraordinary nature, to suspend these 
 rights partially or completely, is nothing new. We meet 
 with the same thing in other democratic republics. 
 
 Section VI of the Constitutional Charter deals with 
 the protection of racial and religious minorities (section 
 2 of Par. io6 and Par. 122 of the Charter treat also of 
 this matter). Our Constitution has adopted the stipu- 
 lations of the Treaty of St. Germain relative hereto 
 and has gone further than our international engage- 
 ments require, in declaring Par. 131 and 132 of the 
 Charter, as fundamental (constitutional) articles, 
 though the Treaty of Saint Germain in no way re- 
 quires this. Here again our state desired to give a 
 proof of its good will to settle the rights of minorities 
 with perfect equity. This was also the case with regard 
 to the provisions in the Constitution as to the use of 
 languages where our scrupulous desire to fulfil our 
 international engagements went so far as to cause us 
 to adopt the very terminology of the conclusion of 
 Article 4 of the Treaty of St. Germain, the Czecho- 
 slovak language being designated as the state, offi- 
 cial language {langiie d'Etat, langue officieUe). 
 
 It is clear to every unbiased observer that the pro- 
 visions of the Constitution relating to language arc 
 permeated both in letter and in spirit with the idea 
 of perfect justice. The view that the Treaty of St. 
 Germain prohibits the limitation of the language 
 rights of minorities to a certain percentage of those 
 minorities or to a certain area, is not supported by the 
 Treaty of St. Germain itself (Article 7, Section 4). The 
 Charter of the Constitution declares solemnly in its 
 134th paragraph that every species of forcible de- 
 nationalization is strictly forbidden. 
 
 I15]
 
 390 
 
 To sum up, it may be said that the definitive Con- 
 stitution of the Czecho-Slovak Repubhc aims at being 
 the democratic and just basis of pubHc hfe in our 
 state. It is a matter then, especially for our minorities, 
 racial and religious, loyally to acknowledge these good 
 traits and aims of our Constitution and to act accord- 
 ingly. 
 
 i6
 
 391 
 
 II 
 
 RULES OF FRANCHISE 
 THE CONSTITUTIONAL COURT 
 
 By V. Joachim 
 
 ELECTIONS TO THE CHAMBER OF DEPUTIES 
 
 (Act of Parliament of 29 February 1920. No. 123 in tlie Code of Laws and 
 Regulations.) 
 
 There are twenty-three parHamentary constituencies, 
 the smallest of which elect six members, the largest 
 (Prague) forty-five. 
 
 The right to vote Is enjoyed by every citizen 
 who has attained the age of twenty-one years 
 and who is entered on the standing list of voters (see 
 below) . 
 
 A voter has the right to vote only in one constitu- 
 ency and must record his vote in person. 
 
 Any citizen of the Czecho-Slovak Republic, irrespec- 
 tive of sex, who on the day of election has attained the 
 age of thirty years may be elected deputy, provided 
 that he (or she) has been a Czecho-Slovak citizen for at 
 least three years and has not been legally deprived by 
 the Court of the right to vote. 
 
 Every voter entered upon the list of voters is 
 obliged to vote; an exception, however, is made in 
 favor of persons seventy years of age and over, sick 
 persons, etc. (whoever, without reasonable grounds of 
 excuse, fails to take part in an election is liable to a 
 fine of twenty to 5000 crowns or to a term of im- 
 
 I17]
 
 392 
 
 prisonment varying from twenty-four hours to one 
 month). 
 
 Twenty-one days at the latest before the election 
 day and not later than 12 o'clock noon the various 
 political parties present to the chairman of the 
 election committee of the constituency their lists 
 of candidates. Such lists are only valid if they are 
 attested by the officially confirmed signatures of at 
 least one hundred voters whose names appear on the 
 list of voters for the particular constituency. 
 
 To each list of candidates there must be annexed a 
 written declaration, personally signed by all the can- 
 didates, to the effect that they accept their nomina- 
 tion as candidates and that their names do not appear 
 with their consent on any other list of candidates and 
 that they have not been nominated in any other con- 
 stituency. 
 
 The election committee of the constituency exam- 
 ines the lists of candidates to see if they conform to 
 the formalities prescribed and to amend them, if 
 necessary, with the assistance of representatives of 
 the political parties. 
 
 Fourteen days at the least before the election day 
 the chairman of the election committee publishes in 
 the official journals of the constituency all the valid 
 lists of candidates, indicating the parties, the election 
 number assigned to each, and giving a complete and 
 exact designation of each candidate. 
 
 The lists of candidates are then printed in the form 
 of ballot papers, all having the same type and the 
 same size of lettering, being printed on paper of the 
 same color and form and having the seal of the elec- 
 
 I18J
 
 393 
 
 tion committee of the constituency affixed to them 
 all in the same place. 
 
 The chairman of the election committee of the 
 constituency sends the papers to the local authorities 
 In each community with the request to place them in 
 the hands of the electors three days at the latest 
 before the day of election. 
 
 The cost of printing the ballot papers is met as 
 follows: Up to the 31st of December, 1924 the state 
 pays two-thirds and the political parties one-third; 
 after the 31st of December, 1924 the state pays one- 
 half and the parties one half. 
 
 A party may, however, declare that it does not 
 desire its list of candidates (ballot papers) to be sent 
 in the official way to the voters of certain districts, or 
 indeed of the whole constituency, and may at the 
 same time for these districts or for the whole consti- 
 tuency order a definite number of official ballot papers 
 and place them itself in the hands of the electors. 
 
 If a party does not deposit at the proper time a 
 certain sum on account to meet the expenses of print- 
 ing, it is assumed that the party has withdrawn its 
 list and retired from the election. 
 
 Printers or persons employed in the printing trade 
 are obliged to carry out the orders of the chairman 
 of the election committee of any constituency issued 
 for the purpose of getting the ballot papers duly 
 
 printed in good time. 
 
 * * * 
 
 Every township is a place of poll. Elections take 
 place on Sundays, polling commencing at 8 o'clock a.m. 
 
 On the day before the elections and on the polling 
 day itself it is prohibited to sell or to serve drinks 
 containing alcohol. 
 
 [19]
 
 394 
 
 The elections take place under the direction of a 
 local election committee composed — as all other 
 committees are, which assist at elections — of repre- 
 sentatives of the various parties. 
 
 It is the duty of the election committee to make 
 sure that every voter in their district is in possession 
 of all ballot papers which the authorities ought to 
 deliver to him and to see that they are free from 
 erasures or markings of any kind. Where papers are 
 lacking, or have suffered erasure or been marked in 
 any way, the committee sees to the recipients getting 
 others, so that the voter shall have all the lists of 
 candidates in so far as they should have been delivered 
 to him officially. 
 
 The voter receives, further, an official envelope. 
 Every envelope Is of the same size, quality and color, 
 and may not carry any distinguishing mark. 
 
 The voter himself places the ballot paper In the 
 envelope. He does this In a booth so arranged that 
 no one can see him and afterwards, in the presence of 
 the election committee, puts the envelope Into the 
 urn. The lists of candidates of which he makes no use 
 he places in a box specially provided for the purpose. 
 
 The voter may place in the urn the list of candidates 
 
 of any party he likes. 
 
 * * * 
 
 At the conclusion of the polling the election com- 
 mittee of the constituency makes a first partial scru- 
 tiny, that Is to say, counts the number of ballot papers 
 given for each party. Even such lists of candidates on 
 which the names of the candidates are struck out or 
 altered are counted in favor of the party to which 
 they belong, so that erasure, or striking out (even 
 If all names be struck out) or alteration have no effect
 
 395 
 
 whatsoever. This is the system of the "strictly bind- 
 ing Hsts," as it is called. 
 
 On the second day (the Tuesday) following the polls 
 the election committee of the constituency meets 
 and on the basis of reports from all the districts com- 
 posing the constituency, carry out what is called the 
 first scrutiny. 
 
 They ascertain the sum total of all valid votes given 
 to the individual parties; this total is then divided by 
 the number of seats allotted to the particular con- 
 stituency; and the resultant figure (no regard being 
 paid to remainders) is the "election number," that is, 
 the number of votes necessary to secure the election 
 of one member. 
 
 The total number of votes given for each party list 
 is now divided by this "election number" and the com- 
 mittee allots to each party a number of seats equiva- 
 lent to the number of times that the "election number" 
 is contained in the sum total of votes obtained by the 
 party. 
 
 The candidates belonging to the different parties are 
 allotted the seats which fall to those parties, in the 
 order in which their names appear on the lists of can- 
 didates. If a list of candidates printed as a ballot 
 paper differs from the original list handed in to the 
 election committee of the constituency, the contents 
 and the order of the names of the original list have 
 priority. 
 
 Seats not assigned at the first scrutiny are allotted 
 eight days after the completion of the elections 
 throughout the whole Republic, by a central elec- 
 tion committee attached to the Ministry of the 
 Interior. This is the second scriitiny. 
 
 Before the commencement of the second scrutiny 
 
 [21]
 
 396 
 
 such members of the central election committee as 
 are party agents present to the chairman of the com- 
 mittee the lists of candidates of their respective 
 parties; these lists may contain the names of any 
 number of candidates, yet only of those v/ho have 
 already sought election in some constituency and 
 failed to be elected at the first scrutiny. 
 
 At the second scrutiny consideration is given only 
 to the votes of parties which in at least one constitu- 
 ency obtained 20,000 votes (or the "election number," 
 should this be less than 20,000) and which presented 
 a list of candidates for the second scrutiny. 
 
 The committee counts the votes remaining over, 
 obtained by the different parties together throughout 
 the Republic, and ascertains the necessary quotient 
 (the "election number"). This number is, in this case, 
 the round sum irrespective of any remainder, which is 
 arrived at by dividing the total of all votes remaining 
 over from the first scrutiny by the number of seats to 
 be filled, plus one. 
 
 The committee allots to each party a number of seats 
 corresponding to the number of times that the "election 
 number" is contained in the surplus of votes given to 
 the party in all the constituencies taken together. 
 
 If at the second scrutiny all the seats are not 
 allotted, the committee assigns one seat each to those 
 parties which have the largest remainders of votes 
 still left. This is known as the third scrutiny. 
 
 Here, too, the candidates of the various parties are 
 taken in the order in which their names appear on the 
 lists. 
 
 All the candidates who have failed to obtain elec- 
 tion at the first, second or third scrutiny are "reserves."
 
 397 
 
 That is to say, if a seat becomes vacant, no by- 
 election takes place, but a "reserve" candidate of the 
 same party as the late member automatically suc- 
 ceeds to his seat. The "reserve" man must have stood 
 as a candidate for the same constituency in which the 
 vacancy occurs and the order of the names on the list 
 of candidates is followed. If no such candidate is 
 available the "reserve" man is taken in the due order 
 from the list of candidates presented for the second 
 scrutiny. 
 
 ELECTIONS TO THE SENATE 
 
 (Act of Parliament of 29 February 1920. No. 134 in the Code of Laws and 
 Regulations.) 
 
 All persons are entitled to vote whose names are 
 duly entered on the standing list of voters, and who, 
 at the date of the first publication of the same have 
 attained the age of twenty-six years. 
 
 Eligibility for membership commences at the age 
 of forty-five years. 
 
 There are thirteen constituencies, each of which, in 
 general, is composed of two such constituencies as send 
 members to the Chamber of Deputies. The smallest 
 constituency sends up four members, the largest (that 
 of Prague) twenty-three. 
 
 The franchise rules governing elections to the 
 Chamber of Deputies apply also to the senatorial 
 elections (see above). 
 
 If elections to the two chambers take place within 
 four weeks of each other, no person may stand as can- 
 didate for both houses. The election of a candidate 
 in defiance of this provision is invalid. 
 
 In cases other than that just mentioned, if a deputy 
 be elected senator, or vice versa, a senator be elected 
 
 [23]
 
 398 
 
 deputy, he shall take his seat in that chamber to 
 which he was last elected. 
 
 THE STANDING LISTS OF VOTERS 
 
 (Act if Parliament of 19 December 1919- No. 663 in the Code of Laws and 
 Regulations, supplemented by the Act of 23 January 1920. No. 44.) 
 
 Not only parliamentary elections but also all munic- 
 ipal and local elections take place on the basis of the 
 standing lists of voters (for the Senate with the 
 restriction of twenty-six years). 
 
 All citizens of the Czecho-Slovak Republic, irrespec- 
 tive of sex, who on the date of the publication of the 
 lists have attained the age of twenty-one years and have 
 resided in one polling district for the preceding three 
 months and who have not been deprived of the fran- 
 chise by a judgment of the courts or condemnation 
 for some crime, have their names entered on the 
 standing list of voters. 
 
 The lists are compiled and carefully kept up-to- 
 date by a local election committee which is set up 
 for every polling district and is composed of the burgo- 
 master, or a deputy nominated by him, as chairman, 
 together with four to eight assessors. These assessors 
 (or deputy assessors if necessary) are appointed for a 
 term of three years by the political Bureau of Control 
 (a state office). In nominating the members of the 
 committee (or their deputies should it be necessary 
 to appoint such in the course of the three years) care 
 is taken that as far as possible all political parties 
 shall be equally represented and regard paid to nom- 
 ination proposals emanating from the political parties 
 themselves. 
 
 Communities with less than 5,000 inhabitants form 
 a single electoral district and a separate list of voters 
 
 1 24]
 
 399 
 
 is drawn up for it. Houses are entered thereon accord- 
 ing to the order in which they are numbered in the 
 community, commencing at the lowest number, and 
 ih' n the occupants of each house in alphabetical order. 
 
 Communities with more than 5,000 inhabitants are 
 divided by the above-mentioned committee into 
 several electoral districts. Voters have to supply 
 particulars of their surname, Christian name, the date 
 of their birth and their occupation. 
 
 The burgomaster has to submit the lists to public 
 scrutiny for a period of eight week days twice in the 
 year commencing on the 15th of June and the 15th 
 of December respectively. 
 
 Every person has the right to look through the list, 
 and to make copies and extracts so long as he does 
 not hinder others from exercising the same right. 
 
 In communities where the population exceeds 5,000 
 the lists, on the demand of any one citizen and at his 
 cost, must be printed in good time and in sufficient 
 numbers and issued not later than the first day of the 
 term appointed for sending in claims and objections. 
 
 During the period in which the lists are on view 
 objections may be presented in writing at the burgo- 
 master's office. Persons unable to write may make 
 their objections orally. If the objection concerns the 
 inclusion of a name entered on the list, the objection 
 must be at once communicated to the voter affected, 
 who is allowed three days in which to file his answer 
 at the burgomaster's office. 
 
 The ultimate decision with regard to objections lies 
 with the revising committee attached to the Bureau 
 of Control, the chairman of which is an official of 
 that Bureau, while the members are eight to twelve 
 assessors nominated by the chairman for three years 
 
 I25]
 
 4O0 
 
 from the ranks of the various political parties. The 
 revised lists are exposed to public scrutiny for eight 
 days, at the end of January and at the end of July. 
 
 Against the decisions of the revising committee an 
 appeal lies to the Electoral Court (see below). The 
 judgment of this latter court, however, does not 
 affect the matter at issue unless it be communicated to 
 the burgomaster's ofhce either officially or by the 
 party affected, at least ten days before the election 
 takes place. 
 
 Elections take place — on the basis of the revised 
 lists published at the end of January — between Febru- 
 ary I and July 31; on the basis of the revised lists 
 published at the end of July, between August i and 
 January 31. 
 
 THE ELECTORAL COURT 
 
 (Act of Parliament of 29 February 1920. No. 125 in the Code of Laws and 
 Regulations.) 
 
 The Electoral Court is composed of a president, 
 twelve assessors and the requisite number of perma- 
 nent officials. 
 
 The premier president for the time being of the 
 Supreme Administrative Court acts as president. 
 The permanent officials are appointed by the president 
 and taken from the staff of the Supreme Administra- 
 tive Court. The assessors are elected by the Chamber 
 of Deputies (the original idea of allowing the Senate 
 to elect a part of the assessors was abandoned, for the 
 small number of the assessors made it impossible 
 properly to apply the principle of proportional repre- 
 sentation). All citizens of the Czecho-Slovak Republic 
 who are versed in law, who have attained the age of 
 forty years, who have been Czecho-Slovak citizens for at 
 least ten years and have not lost their right to vote 
 
 [26I
 
 40I 
 
 are eligible for this post. Members of the Electoral 
 
 Court may not become members of Parliament or 
 
 members of any county council (council of a zupy). 
 
 The Electoral Court is the exclusively competent 
 
 authority: . 
 
 1 To decide appeals against the decision ot the 
 revising committee in accordance with the law deal- 
 ing with the standing list of voters; 
 
 2 To examine into and confirm the validity of 
 elections of members of the National Assembly and 
 county councils (councils of the zupy) ; 
 
 3. To decide appeals respecting elections to the 
 National Assembly, county councils and county com- 
 missions and committees; 
 
 4 To decide whether a member of the National 
 Assembly or county council has forfeited his seat for 
 (a) having lost the right to be elected; 
 (&) having lost his membership of the party whose 
 candidate he was, and that for some disreputable 
 and dishonorable cause. 
 Appeals must be made in writing within fourteen 
 days of the date on which the decision of the revising 
 committee is made known to the appellant, or of the 
 last date on which the revised list of voters was on 
 view, or of the date of the of=ficial announcement of the 
 final result of the election; the appeals must bear the 
 signature of a lawyer. 
 
 Appeals are conducted under a system of procedure 
 in which the parties participate by question and 
 answer, and in general a full bench of the Electoral 
 Court delivers judgment after the case has been 
 conducted orally and in public. (Plaints, however, 
 relative to the lists of candidates may be decided on 
 the motion of the president of the Electoral Court. 
 
 [271
 
 402 
 
 by a commission consisting of the president, three 
 assessors and a permanent official). 
 
 The Electoral Court in its finding states to what 
 extent the election is annulled and, according to cir- 
 cumstances, designates the person who is elected in 
 place of the member whose election has been declared 
 invalid. 
 
 The presenting of plaints and documents relative 
 thereto as well as all procedure is exempt from the pay- 
 ment of fees and stamps. 
 
 THE CONSTITUTIONAL COURT 
 
 (Act of Parliament of 9 March 1920. No. 162 in the Code of Law3 and 
 Regulations.) 
 
 Laws promulgated either by the National Assembly 
 or by the Diet of Russinia, which are in conflict with 
 the Charter of the Constitution or with laws amend- 
 ing or supplementing it, are invalid. The decision as 
 to whether a law is valid or not in this sense pertains 
 exclusively to the Constitutional Court. Further- 
 more, this court is competent to decide whether 
 measures adopted by the standing commission under 
 Par. 54 of the Charter of the Constitution are in con- 
 flict with constitutional law (or whether or not they 
 modify the competence of the civil service depart- 
 ments except where it is a matter of enlarging the 
 competence of an office already set up, by imposing 
 new duties upon it). 
 
 The Constitutional Court iscomposed of seven mem- 
 bers, three of whom are nominated by the President of 
 the Republic as follows: the Chamber of Deputies, the 
 Senate, and the Diet of Russinia each propose three of 
 their members and the President of the RepubHc 
 choses one member from each group. The President 
 
 [28I
 
 403 
 
 at the same time nominates one of the three members 
 to be president of the Constitutional Court. Of the 
 remaining four, two each arc taken from the ranks of 
 the judges of the Supreme Court of Justice and the 
 Supreme Administrative Court. 
 
 For each member a substitute is nominated to sit 
 when necessary and the procedure of nomination is 
 the same as in the case of that of the original member. 
 
 The members of the Constitutional Court as well as 
 the substitute members must be persons well versed 
 in the law, eligible for membership of the Senate, and 
 who are neither members of parliament nor civil 
 servants. 
 
 The members of the Constitutional Court are nom- 
 inated for a term of lo years. 
 
 The question whether a particular law is in conflict 
 with the Charter of the Constitution is decided by the 
 Constitutional Court exclusively on the motion of the 
 Supreme Court of Justice, or the Supreme Administra- 
 tive Court, the Electoral Court, the Chamber of 
 Deputies, the Senate or the Diet of Russinia. A 
 resolution to carry such a motion must be passed by 
 a majority in the above-mentioned bodies in each case. 
 
 It must be made within thres years at least of the 
 date on which the law in question was promulgated. 
 
 Such an application is made under a system of pro- 
 cedure in which the parties participate by question 
 and answer, and in the presence of the legislative 
 assemblies and the government. Exact limits are 
 fixed to the duration of the proceedings. They may 
 not last longer than ten months. The proceedings are 
 public and oral. Should any of the parties fail to send 
 their representatives to the hearing, the proceeding 
 shall not be thereby in any v.ay prejudiced. Five votes 
 
 [29]
 
 404 
 
 at least are always necessary for finding against the 
 validity of a law. 
 
 The finding of the Constitutional Court is reported 
 by the president of that court to the government. 
 It is the duty of the Minister of the Interior to pub- 
 lish the finding within eight days and without com- 
 ment in the official Code of Laws and Regulations. 
 At the same time the finding is to be published in the 
 official press with detailed grounds for the decision. 
 
 The publication of the finding in the official Code 
 of Laws and Regulations has the effect of making it 
 binding, from the date of its publication, upon the 
 legislative bodies, the government, all public offices, 
 and on the courts. 
 
 (30]
 
 405 
 
 CONSTITUTIONAL LAWS 
 
 III 
 
 THE LAW OF FEBRUARY 29, 1920 
 
 WHEREBY THE CONSTITUTIONAL CHARTER OF THE 
 CZECHO-SLOVAK REPUBLIC IS INTRODUCED 
 
 IVE, the Czecho- Slovak nation, desiring to consoli- 
 date the perfect unity of our people, to establish the 
 reign of justice in the Republic, to assure the peace- 
 ful development of our native Czecho-Slovak land, 
 to contribute to the common welfare of all citizens 
 of this State and to secure the blessings of freedom 
 to coming generations, have in our National Assem- 
 bly this 2Qth day of February, IQ20 adopted the 
 following Constitution for the Czecho-Slovak Re- 
 public; and in doing so we declare that it will be our 
 endeavor to see that this Constitution together with 
 all the laws of our land be carried out in the spirit 
 of our history as well as in the spirit of those modern 
 principles embodied in the idea of self-determina- 
 tion, for we desire to take our place in the family 
 of nations as a mxmber at once cultured, peace- 
 loving, democratic and progressive. 
 
 Article I 
 
 I. Enactments which are in conflict with the Con- 
 stitutional Charter or with laws which may supple- 
 ment or amend it are invalid. 
 
 [31]
 
 4o6 
 
 2. The Constitutional Charter may be altered or 
 amended only by laws specifically designated as 
 Constitutional Laws. 
 
 Article II 
 
 A constitutional court shall decide as to whether 
 the laws of the Czecho-Slovak Republic and of the Diet 
 of Carpathian Ruthenia (Russinia) conform with 
 
 Article I. 
 
 Article III 
 
 1. The Constitutional Court shall consist of seven 
 members, two of whom shall be appointed by the 
 High Court of Administration and two by the High 
 Court of Justice; the remaining two members and the 
 chairman shall be nominated by the President of the 
 Republic. 
 
 2. The appointment of representatives of the 
 above-mentioned courts to the Constitutional Court, 
 the tenure of office, the rules of procedure and the 
 definition of its jurisdiction shall be established by a 
 specific enactment. 
 
 x\rticle IV 
 
 1. The present National Assembly shall sit until 
 the convocation of Parliament (the Senate and the 
 Chamber of Deputies). 
 
 2. Such laws as may have been enacted by the 
 National Assembly but not made public in the official 
 record by the day of the assembling of Parliament, 
 shall not be promulgated if returned by the President 
 of the Republic to the National Assembly. 
 
 3. Regulations of the Provisional Constitution, 
 limiting the period of exercise of the rights of the 
 President of the Republic (§11 of the Provisional 
 
 I32I
 
 407 
 
 Constitution) and delimiting the duty of the Govern- 
 ment to publish the law enacted shall remain valid as 
 to laws enacted by the present National Assembly. 
 
 Article V 
 
 The present President shall remain in office until 
 a new election takes place. The duties and obligations 
 of the President, as defined in the Constitutional 
 Charter, become effective simultaneously with the 
 adoption of the Constitutional Charter. 
 
 Article VI 
 
 Until the election of the full number of members 
 of Parliament, as required by the Constitutional 
 Charter, the number of members actually elected 
 shall determine the quorum necessary for the enact- 
 ment of legislation. 
 
 Article VII 
 
 1. The provisions of Articles I, II, III (§ i) and VI 
 shall be an integral part of the Constitutional Charter, 
 as set forth in § 33 of that Charter. 
 
 2. Provisions as to the execution of laws, as postu- 
 lated in the Constitutional Charter, shall not form 
 part of that Charter, as set forth in the preceding 
 paragraph, unless the Charter provides otherwise. 
 
 Article VIII 
 
 1. The Constitutional Charter shall become valid 
 on the day of its proclamation. 
 
 2. Paragraph 20 does not apply to members of the 
 present National Assembly. 
 
 l33]
 
 4o8 
 
 Article IX 
 
 On the day designated in Article VIII, § i, all laws 
 and regulations in conflict with the spirit of this Char- 
 ter and the republican form of the State, as well as all 
 previously enacted Constitutional Laws, shall become 
 invalid, even if part of the latter are not opposed to 
 the Constitutional Laws of the Czecho-Slovak Repub- 
 lic. 
 
 Article X 
 
 The foregoing nine articles shall become valid 
 simultaneously with the Constitutional Charter. 
 The execution of these enactments is hereby placed 
 in the hands of the Government. 
 
 I34]
 
 409 
 
 IV 
 
 THE CONSTITUTIONAL CHARTER OF THE 
 CZECHO-SLOVAK REPUBLIC 
 
 Section I 
 
 GENERAL PROVISIONS 
 
 §1 
 
 1 . The people are the sole source of all State power 
 in the Czecho-Slovak Republic. 
 
 2. This Constitutional Charter determines through 
 what organs the sovereign people shall express their 
 will in laws, provides for the execution of these laws, 
 and guarantees to the people their rights and liberties. 
 Such limitations are imposed upon these organs of 
 Government, as shall preserve to the people all rights 
 guaranteed by this Charter. 
 
 §2 
 
 The Czecho-Slovak State shall be a democratic 
 Republic, the head of which shall be an elected Presi- 
 dent. 
 
 §3 
 
 1. The territories of the Czecho-Slovak Republic 
 shall form a united and indivisible unit, the frontiers 
 of which may be altered only by Constitutional Law. 
 
 2. The autonomous territory of Carpathian Rus- 
 sinia, which shall receive the widest measure of self- 
 
 l35]
 
 4IO 
 
 government compatible with the unity of the Czecho- 
 slovak Repubhc, shall be an integral part of this unit 
 by the terms of its voluntary declaration as set forth 
 in the Treaty between the Allied Powers and the 
 Czecho-Slovak Republic of September loth, 19 19. 
 Carpathian Russinia shall have its own diet, which 
 shall elect its presiding officer and other officials. 
 
 3. This diet shall legislate in linguistic, educational 
 and religious matters, in matters of domestic adminis- 
 tration arid in such other matters as may be assigned 
 to it by the laws of the Czecho-Slovak Republic. Laws 
 enacted by this diet, and signed by the President of 
 the Republic, shall be published in a separate series 
 and shall be countersigned by the Governor of Rus- 
 sinia. 
 
 4. Carpathian Russinia shall be represented in 
 Parliament by deputies and senators elected accord- 
 ing to the general suffrage law of the Czecho-Slovak 
 Republic. 
 
 5. The head of Russinia shall be a governor, ap- 
 pointed by the President of the Czecho-Slovak Repub- 
 lic on the recommendation of the Government, and he 
 shall be responsible also to the Diet of Russinia. 
 
 6. Public officials in Russinia shall be, in so far as 
 possible, selected from the population of Russinia. 
 
 7. Details as to the right of suffrage and eligibility 
 to the diet shall be defined by special legislation. 
 
 8. The law enacted by the Parliament defining the 
 frontiers of Carpathian Russinia shall form part of 
 the Constitutional Charter. 
 
 §4 
 I. Citizenship in the Czecho-Slovak Republic is 
 single and uniform. 
 
 [36I
 
 411 
 
 2. The law regulates the conditions governing the 
 acquisition, the rights and duties, and the termination 
 of citizenship in the Czecho-Slovak Republic. 
 
 3. A citizen or subject of a foreign State cannot at 
 the same time be a citizen of the Czecho-Slovak Re- 
 public. 
 
 §5 
 
 1 . The capital of the Republic is Prague. 
 
 2. The colors of the Republic are white, red and 
 blue. 
 
 3. Official emblems and flags shall be determined 
 upon by law. 
 
 Section II 
 
 LEGISLATIVE POWERS, CONSTITUTION AND COMPETENCY 
 OF PARLIAMENT AND OF BOTH ITS CHAMBERS 
 
 §6 
 
 1 . The legislative power of the whole Czecho-Slovak 
 Republic shall rest in the hands of Parliament, which 
 shall be composed of a Chamber of Deputies and a 
 Senate. 
 
 2. The seat of both chambers shall be at Prague. 
 In case of urgent necessity, Parliament may be tem- 
 porarily summoned to some other locality in the 
 Czecho-Slovak Republic. 
 
 §7 
 
 1 . The legislative and administrative powers of the 
 former diets is hereby abolished. 
 
 2. Unless they provide otherwise, enactments of 
 Parliament shall be binding throughout the Czecho- 
 slovak Republic. 
 
 I37]
 
 412 
 
 §8 
 
 The Chamber of Deputies shall be composed of 300 
 members, elected according to a general, equal, direct 
 and secret suffrage, on a basis of proportional repre- 
 sentation. Elections shall be held on Sundays. 
 
 §9 
 The right to vote for the Chamber of Deputies 
 appertains to all citizens of the Czecho-Slovak Repub- 
 lic without distinction of sex, who are twenty-one 
 years of age and who comply with the other pro- 
 visions of the electoral regulations. 
 
 § 10 
 
 All citizens of the Czecho-Slovak Republic without 
 distinction of sex who are thirty years of age and who 
 comply with the conditions of the suffrage law may be 
 elected as deputies to the chamber. 
 
 §11 
 The term for which the Chamber of Deputies is 
 elected shall be six years. 
 
 § 12 
 
 Details as to the exercise of suffrage rights and the 
 manner of carrying out elections are set forth in the 
 provisions dealing with elections to the Chamber of 
 Deputies, 
 
 §13 
 
 The Senate shall consist of 150 members elected 
 according to general, equal, direct and secret suffrage 
 on a basis of proportional representation. Elections 
 shall be held on Sundays. 
 
 [38]
 
 413 
 
 § 14 
 
 The right to vote for the Senate appertains to all 
 citizens of the Czecho-Slovak Republic without dis- 
 tinction of sex who are twenty-six years of age and who 
 comply with the other provisions of the law concern- 
 ing the Constitution and the rights and powers of the 
 Senate. 
 
 §15 
 
 All citizens of the Czecho-Slovak Republic without 
 distinction of sex who are forty-five years of age and 
 who comply with the other conditions concerning the 
 Constitution and the rights and powers of the Senate 
 are eligible to the Senate, 
 
 §i6 
 
 The term for which the Senate is elected shall be 
 eight years. 
 
 § 17 
 
 Specific provisions as to the exercise of the suffrage 
 and the manner of elections are set forth in the law 
 governing the Constitution and law of the Senate. 
 
 No person may be at the same time a member of 
 both chambers. 
 
 § 19 
 
 1. An electoral court shall pass upon the validity 
 of elections to Parliament. 
 
 2. Details shall be settled by law. 
 
 (391
 
 414 
 
 §20 
 
 1. If a civil servant become a member of Parlia- 
 ment, he shall be granted leave automatically pend- 
 ing his term in Parliament; he shall be entitled to his 
 regular salary, but with no local allowances, and he 
 shall retain from his official duties his right to seniority 
 promotion. University professors are entitled to leave 
 of absence; if they make use of this right, the same 
 provisions apply to them as to other state servants. 
 
 2. All other public servants and officials shall have 
 the right to obtain leave pending their term as mem- 
 bers of Parliament. 
 
 3. Members of Parliament cannot enter the civil 
 service until after the expiration of one year from the 
 time they cease to be members. 
 
 4. This provision does not apply to ministers. 
 The time limit in section 3 shall not affect deputies or 
 senators who were civil servants before they became 
 members of Parliament, provided that they return 
 to the same department. 
 
 5. District governors cannot become members of 
 Parliament. 
 
 6. Members of the Constitutional Court, com- 
 missioners of an electoral court and members of 
 district assemblies cannot at the same time be mem- 
 bers of Parliament. 
 
 §21 
 
 Members of both chambers can resign their man- 
 dates at any time. 
 
 § 22 
 
 I. Members of Parliament shall execute their 
 functions in person. They shall not receive orders 
 from anybody. 
 
 [40]
 
 415 
 
 • 2. They shall not address to public authorities 
 requests in the personal interest of individuals, unless 
 they do so in their professional capacity. 
 
 3. At their first sitting, members of Parliament 
 shall take the following oath: "I pledge myself to be 
 faithful to the Czecho-Slovak Republic, to uphold its 
 laws and to carry out my mandate to the best of my 
 knowledge and conscience." Refusal to take this oath 
 or the making of any reservation thereto shall dis- 
 qualify for membership in Parliament. 
 
 §23 
 Members of Parliament shall not be prosecuted for 
 the exercise of their functions as members. For state- 
 ments made in the chamber, members shall be amen- 
 able only to the disciplinary statutes of the chamber. 
 
 §24 
 
 1. Only with the consent of the respective cham- 
 bers shall members of Parliament become liable to 
 civil or criminal prosecution. If this consent be not 
 granted, such prosecution shall become permanently 
 null and void. 
 
 2. This provision does not apply to the legal lia- 
 bility of a member as responsible editor.* 
 
 §25 
 If a member of either chamber be apprehended and 
 arrested in the commission of a criminal act, the 
 court or other authority having jurisdiction shall in- 
 form the chairman of the respective chamber of the 
 arrest. If the chamber or the committee defined 
 under paragraph 54 does not within a fortnight give 
 
 * In reference to libel and incitement to crime. 
 [41]
 
 4i6 
 
 its consent to the arrest, it becomes null and void- 
 forthwith. If the committee does consent to the 
 arrest, the chamber must give its decision within 14 
 days after its first sitting. 
 
 §26 
 
 Members of both chambers shall have the right to 
 refuse to give testimony in reference to matters con- 
 fided to them as members of the chamber, even after 
 they cease to be members. In the trial of a case of 
 attempting to corrupt a member, testimony cannot be 
 refused. 
 
 §27 
 
 Members of both chambers shall have a right to 
 remuneration as specified by law. 
 
 §28 
 
 1. The President of the Republic shall summon 
 both chambers twice a year for a spring and an 
 autumn session, the former to begin in March, the 
 latter in October. 
 
 2. Furthermore, he may summon Parliament for 
 extraordinary sessions whenever he may deem it 
 necessary. If at least one-half of the members of 
 either chamber applies to the Prime Minister stating 
 the object for summoning it, the President shall sum- 
 mon the Assembly within a fortnight from the date 
 of such application ; should he fail to do so, the chair- 
 men of both chambers shall convoke Parliament 
 within the following fortnight. 
 
 3. If four months shall have elapsed from the last 
 ordinary session, the President is obliged to summon 
 Parliament, if at least two-fifths of either chamber 
 so desire, within a fortnight from the date of their 
 
 I42]
 
 417 
 
 application. Should he fail to do so, the chairmen of 
 both chambers shall, within the following fortnight, 
 convoke Parliament. 
 
 §29 
 The session of both chambers shall begin and end 
 simultaneously. 
 
 §30 
 
 1. The President of the Republic shall declare the 
 session of Parliament at an end. 
 
 2. He may prorogue Parliament for not longer than 
 a month, and not more frequently than once a year. 
 
 §31 
 
 1. The President shall have the right to dissolve 
 Parliament. 
 
 2. He shall not be allowed the exercise of this right 
 during the last six months of his term of office. After 
 the expiration of the electoral term, or after the disso- 
 lution of either chamber, new elections shall take 
 place within sixty days. 
 
 3. The dissolution of the Senate shall not stay 
 criminal proceedings inaugurated before the Senate 
 in accordance with §§67 and 79. 
 
 §32 
 Either chamber may function, unless otherwise 
 provided in this law, if at least two-thirds of the 
 members are present. Its decisions are valid should a 
 majority of one-half of those present be obtained. 
 
 §33 
 The decision as to a declaration of war or as to the 
 amendment of this Charter shall require a three-fifths 
 majority of all the members of each chamber. 
 
 [43]
 
 4i8 
 
 §34 
 
 1 . The decision of the Chamber of Deputies for the 
 impeachment of the President of the RepubUc, the 
 Prime Minister, or other members of the Government, 
 shall require a two-thirds majority with two-thirds of 
 the members present. 
 
 2. The procedure before the Senate sitting as a 
 court of prosecution shall be regulated by law. 
 
 §35 
 
 Each chamber shall elect its own chairman and 
 other officers. 
 
 §36 
 The sittings of both chambers shall be public. 
 Sittings in camera may be held only where the rules 
 of procedure so provide. 
 
 §37 
 
 1. The basic principles of the relations between 
 both chambers and between the Government and 
 Parliament and between the public and Parliament 
 shall be regulated by specific law, which shall conform 
 to the Constitutional Charter. The internal order of 
 each chamber shall be regulated by its own rules of 
 procedure. 
 
 2. So long as the Chamber of Deputies and the 
 Senate do not create a new body of rules, the rules of 
 procedure of the present National Assembly shall be 
 binding upon them. 
 
 §38 
 I. Whenever both chambers meet in joint session 
 as the National Assembly (§§56, 59, 61, 65), this 
 body shall be governed by the rules of procedure of 
 the Chamber of Deputies. 
 
 I44]
 
 419 
 
 2. Such a joint session shall be summoned by the 
 Prime Minister, and its presiding officer shall be the 
 chairman of the Chamber of Deputies. 
 
 3. The chairman of the Senate shall act as vice- 
 chairman of the National Assembly. 
 
 §39 
 The ministers shall have the right to participate 
 at any time in the meetings of either chamber or of 
 committees. They shall be allowed to speak when- 
 ever they demand to be heard. 
 
 §40 
 
 1. At the request of either chamber or of a com- 
 mittee a minister shall appear before that body. 
 
 2. Otherwise he may be represented by an official 
 of his department authorized by him. 
 
 §41 
 
 1. Proposals for legislation may originate either 
 with the Government or in either chamber. 
 
 2. Every proposal made by members of either 
 chamber shall be accompanied by an estimate of the 
 financial issue involved and by a proposal for the 
 defraying of the necessary cost. 
 
 3. Proposals of the Government for budget and 
 army bills must first be presented to the Chamber of 
 Deputies. 
 
 §42 
 A Constitutional Law shall be valid only with the 
 consent of both chambers. This applies also to other 
 laws, unless otherwise provided by §§ 43' 44 and 48. 
 
 145]
 
 420 
 
 §43 
 
 1. The Senate shall act on a bill proposed and 
 passed by the Chamber of Deputies within six weeks, 
 and on the Budget and Army Bills within one month. 
 The Chamber of Deputies shall act on a bill proposed 
 and passed by the Senate within three months. 
 
 2. These periods are counted from the day of pre- 
 sentation of printed bills by one chamber to the 
 other, and may be altered by mutual consent; the 
 Senate must act in all cases of budget and army bills 
 within one month as set forth in the preceding para- 
 graph. 
 
 3. If during such a period, the term of the chamber 
 which is to take action on the bill of the other expires, 
 or if the chamber be prorogued or dissolved, the date 
 is reckoned from the first day of its next sitting. 
 
 4. If either chamber does not give its decision 
 within the period specified, it is presumed that it 
 gives its assent to the decision of the first chamber. 
 
 §44 
 
 1. A measure passed by the Chamber of Deputies 
 shall become law, despite an adverse decision of the 
 Senate, if the Chamber of Deputies declares by a 
 majority of 50 per cent, of all its members that it 
 adheres to its first decision. Should the Senate reject 
 a draft bill passed by the Chamber of Deputies by a 
 majority of all its members, the bill becomes law 
 provided that the Chamber of Deputies re-enacts its 
 decision by a three-fifths majority of all its members. 
 
 2. Proposals of the Senate shall be referred to the 
 Chamber of Deputies; should the Chamber of Depu- 
 ties reject a proposal of the Senate and if the latter 
 
 I46]
 
 421 
 
 re-enacts its bill by a 50 per cent, majority of all its 
 members, the bill shall be referred back to the Cham- 
 ber of Deputies. Should the Chamber of Deputies 
 reject the bill for the second time by a majority of 50 per 
 cent, of all its members, the bill shall not become law. 
 
 3. Bills so rejected may not be presented to either 
 chamber until after the lapse of one year. 
 
 4. Should either chamber amend a bill originating 
 in the other chamber, its action shall be deemed a 
 rejection of the bill. 
 
 §45 
 Should either chamber have under consideration 
 a bill already passed by it or a bill passed by the 
 other chamber (§44, section 2), and should it be 
 dissolved or its term of office expire before action has 
 been taken, its new decision shall be considered its 
 second action in accordance with § 44. 
 
 §46 
 
 1 . Should Parliament reject a bill presented by the 
 Government, the latter can proclaim a referendum, 
 but this action on the part of the Government must 
 be unanimous. 
 
 2. All citizens qualified to vote for the Chamber of 
 Deputies shall be qualified to vote at the referendum. 
 
 3. The method of referendum shall be determined 
 by law. 
 
 4. Referendum is inadmissible in respect of such 
 Government bills as amend the Constitution. (Article i, 
 Introductory Law.) 
 
 §47 
 The President of the Republic shall have the right 
 to return with comments any bill passed by Parlia- 
 
 [47]
 
 422 
 
 ment within a month of its presentation to the Govern- 
 ment, 
 
 §48 
 
 1. Should both chambers, by ballot, taken on roll 
 call, affirm the returned bill by a majority of 50 
 per cent, of all their members, the bill shall .become 
 law. 
 
 2. Should the bill not receive a majority of votes 
 in both chambers, the bill becomes law, provided 
 that the Chamber of Deputies in the new ballot, taken 
 by roll call, passes it by a three-fifths majority of all 
 its members. 
 
 3. Should it be a bill for the adoption of which the 
 presence of a larger number of members and a larger 
 majority is required, it is necessary that such presence 
 and majority be obtained for the adoption of the 
 returned bill. 
 
 4. Provisions under § 45 apply accordingly. 
 
 §49 
 
 1. For a bill to become valid as law, it must be 
 made public as specified by statute. 
 
 2. For the proclamation of all laws the following 
 preamble must be prefaced: "The Parliament of the 
 Czecho-Slovak Republic has resolved upon the follow- 
 ing law." 
 
 3. The law shall be published within eight week 
 days from the expiration of the period laid down in 
 § 47. Should the President make use of his right 
 referred to in § 47, the law shall be issued within eight 
 week days of the announcement of its re-enactment 
 by Parliament to the Government (§ 48). 
 
 [48]
 
 423 
 
 In every law it shall be specified to which member 
 of the Government its execution is entrusted. 
 
 §51 
 
 1, The law shall be signed by the President of the 
 Republic, the Prime Minister and the minister en- 
 trusted with its execution. If the President be in- 
 capacitated or ill, and there is no Vice-president, the 
 Prime Minister may sign on behalf of the President. 
 
 2. The Prime Minister may be represented for the 
 purposes of signing laws as specified by § 71. 
 
 §52 
 
 1. Each chamber shall have the right to put 
 questions to the Prime Minister and other members 
 of the Government on matters within the scope of 
 their competence, to enquire into administration, to 
 elect committees to whom the ministers shall provide 
 information, and to adopt proclamations and resolu- 
 tions. 
 
 2, The Prime Minister and the members of the 
 Government shall answer questions put to them. 
 
 §53 
 The exercise of control of the financial administra- 
 tion and of the State debt shall be regulated by law. 
 
 §54 
 I. During the period elapsing between the dissolu- 
 tion of either chamber and its reassemblage or 
 between the expiration of its term of ofiice and its 
 convocation and during the period of adjournment, 
 there shall sit a committee of twenty-four members. 
 
 [49]
 
 424 
 
 Sixteen members of this committee with an equal 
 number of alternates shall be chosen by the Chamber 
 of Deputies from its members and eight members, 
 with an equal number of alternates, shall be chosen by 
 the Senate from its members. Each alternate shall 
 represent only the member of the committee, as the 
 alternate to whom he has been chosen. This com- 
 mittee shall act on all matters of immediate urgency, 
 even if in ordinary circumstances they should require 
 the enactments of legislation and shall exercise con- 
 trol of all government and executive powers. The 
 term of office of the committee is one year. 
 
 2. The first election shall take place immediately 
 after both chambers organize. Presiding officers of 
 both chambers shall vote. When a chamber shall 
 meet after election, the members of the committee of 
 twenty-four shall be elected by the newly organized 
 chamber even if the term of office of preceding mem- 
 bers of the committee of twenty-four has not expired. 
 
 3. Elections shall be based on the principle of pro- 
 portional representation. Party coalition is admis- 
 sible. Should all parties agree on the choice of can- 
 didates, the committee shall be elected by the vote 
 of the chamber. Should more than twenty deputies 
 and ten senators oppose such election, it shall be 
 carried out as first provided. 
 
 4. Members of the committee shall remain in 
 office until a new committee is elected. Alternates 
 take the place of members unable temporarily or 
 permanently to carry out their duties. Should a 
 member or alternate be incapacitated for service, 
 while Parliament is in session, by-elections to fill his 
 post for the balance of the term of the committee 
 shall be held. The new member must belong to the 
 
 [50]
 
 425 
 
 same political group as the old member, unless that 
 group decides not to present a candidate or to refram 
 
 from voting. 
 
 5. A member of the Government shall not be a 
 member or alternate of the committee of twenty-four. 
 
 6. When the committee has been elected, it shall 
 elect its chairman and second vice-chairman from 
 among the members elected by the Chamber of 
 Deputies and a first vice-chairman from among the 
 members elected by the Senate. 
 
 7. The members of the committee shall be subject 
 to the provisions in §§23 to 27 of the Constitutional 
 Charter. 
 
 8. The committee shall be competent in all mat- 
 ters falling within the legislative and administrative 
 powers of Parliament excepting: 
 
 (a) The election of the President or the Vice- 
 president of the Republic. 
 
 {b) The amendment of the Constitutional Charter 
 (see Article i of the Introductory Law) and 
 the changing of the competence of public 
 ofificials, unless it be a question of widening the 
 scope of their activities by new duties. 
 
 (c) Burdening the citizens in the State with per- 
 manent financial obligations, increasing the 
 military duties of the citizens or disposing of 
 State property. 
 
 (d) Giving consent to a declaration of war. 
 
 9. Provisions which under ordinary circumstances 
 would require the enactment of legislation or expendi- 
 tures apart from the budget require the assent of half 
 of all the members. 
 
 10. In all other cases the presence of half of the 
 members shall be sufficient and a 50 per cent, majority 
 
 I51]
 
 426 
 
 of those present shall be decisive. The chairman shall 
 vote only to cast the decisive vote. 
 
 11. Urgent provisions which under ordinary cir- 
 cumstances could be promulgated only by enactments 
 of legislation are admissible only on the recommenda- 
 tion of the Government approved by the President 
 of the Republic. 
 
 12. Provisions of the committee referred to in the 
 last article shall have the provisional validity of law 
 only if published in the official record with reference 
 to § 54 of the Constitutional Charter and if signed by 
 the President of the Republic, by the Prime Minister 
 or his deputy and half of the members of the Govern- 
 ment. Provisions to which the President has refused 
 to assent cannot be entered on record. 
 
 13. The Constitutional Court shall have jurisdic- 
 tion over such provisions of this committee that 
 under ordinary circumstances would require the enact- 
 ment of legislation and therefore all such provisions 
 shall be laid before it by the Government simulta- 
 neously with their publication in the record. 
 
 14. The chairman and the vice-chairman of the 
 committee shall report at the next meeting of the 
 Chamber of Deputies and of the Senate the activities 
 of the committee, even if meanwhile their terms of 
 office as members of Parliament shall have expired. 
 
 15.' Provisions not approved by both chambers 
 within two months after their first session shall lose 
 their validity. 
 
 Section III 
 
 GOVERNMENTAL AND EXECUTIVE POWERS 
 
 §55 
 Decree shall be issued only for the execution and 
 within the Hmitations of each specific law. 
 
 I52I
 
 427 
 
 President of the Republic 
 I 
 
 §56 
 
 1. The President of the Repubhc shall be elected 
 by the National Assembly (§38). 
 
 2. Any citizen of the Czccho-Slovak Republic, 
 eligible to the Chamber of Deputies and not less than 
 thirty- five years of age, may be elected President of the 
 Republic (§ 67). 
 
 §57 
 
 1. The election shall be valid only if half of all 
 members of both chambers shall be present and if a 
 majority of three-fifths of those present shall be 
 obtained. 
 
 2. Should two ballots produce no results, a third 
 ballot shall be cast to decide between those two candi- 
 dates who at the previous balloting obtained the 
 greatest number of votes. The candidate who obtains 
 the largest number of votes shall be elected. In the 
 case of a tie, the decision shall be made by lot. 
 
 3. Details shall be determined by law. 
 
 §58 
 
 1. The period of ofhce shall be counted from the 
 day when the new President takes his oath according 
 to § 65. 
 
 2. The term of ofhce shall be seven years. 
 
 3. Elections shall be held during the last four 
 weeks prior to the expiration of the President's term 
 of office. 
 
 4. No one shall be elected more than twice in suc- 
 cession. He who has been elected President twice in 
 succession cannot again be elected until the expira- 
 
 I53]
 
 428 
 
 tion of seven years from his last term of office. This 
 provision, however, does not apply to the first Presi- 
 dent of the Czecho-Slovak Republic. 
 
 5. The President remains in office until his suc- 
 cessor shall be elected. 
 
 §59 
 
 Should the President die or resign his position 
 during his term of office, a new election shall be held 
 according to §§56 and 57. The President so elected 
 shall serve seven years. The National Assembly shall 
 be convened for this purpose within fourteen days 
 
 (§38). 
 
 §60 
 
 Until a new President is elected (§ 59), or should the 
 President be unable to execute the duties of his office, 
 the execution of his functions shall appertain to the 
 Government, which may invest the Prime Minister 
 with the specific functions. 
 
 §61 
 
 1. Should the President be unable to execute the 
 duties of his office for more than six months (§ 60), 
 and should the Government in the presence of three- 
 quarters of its members so decide, the National 
 Assembly (§ 38) shall elect a Vice-president who shall 
 remain in office until the President shall be able to 
 resume his functions. 
 
 2. Disqualifications for presidential office (§ 58) 
 shall apply to the office of Vice-president. 
 
 §62 
 
 The same provisions as to the election of the Presi- 
 dent shall apply to the election of the Vice-president. 
 
 [54]
 
 429 
 
 §63 
 
 1. The President of the RepubUc shall not be at the 
 same time a member of Parliament. Should a mem- 
 ber be elected Vice-president, he shall not during his 
 service as Vice-president fulfil his mandate as member 
 of Parliament. 
 
 2. The President's official residence shall be in 
 Prague. 
 
 II 
 
 §64 
 I. The rights and duties of the President of the 
 Republic are as follows: 
 
 (a) He shall represent the State in its relations 
 with other States, shall negotiate and ratify 
 international treaties. Commercial treaties, 
 and treaties which for the State or its citizens 
 entail financial or personal burdens, especially 
 military burdens, as well as treaties affecting 
 the territories of the State require the affirma- 
 tion of Parliament. The affirmation of Parlia- 
 ment takes the form of a Constitutional Law 
 (Article i of the Introductory Law) ; 
 
 (b) He shall receive and appoint diplomatic repre- 
 sentatives; 
 
 (c) He shall declare the existence of a state of war, 
 shall declare war with the previous consent of 
 Parliament and shall lay before Parliament for 
 approval peace treaties which have been con- 
 cluded ; 
 
 (d) He shall convoke, prorogue and dissolve 
 Parliament (§§ 28-31) and shall proclaim its 
 sessions at an end ; 
 
 [55]
 
 430 
 
 (e) He shall have the right to return with com- 
 ment any law enacted by Parliament (§ 47). 
 He shall sign all laws enacted by Parliament 
 (§51), all laws enacted by the Diet of Car- 
 pathenian Ruthenia (§ 3) and the ordinances 
 of the committee of twenty-four (§54); 
 
 (/) He shall report verbally or in writing to the 
 National Assembly on the state of the Republic, 
 and shall recommend for consideration meas- 
 ures which he deems necessary and useful ; 
 
 (g) He shall appoint and dismiss Cabinet ministers 
 and define their number; 
 
 (h) He shall nominate university professors, 
 judges, all state officials and army officers of 
 the sixth class upward; 
 
 (/) He shall grant donations and pensions in special 
 cases on the recommendation of the Government ; 
 
 (j) He shall be commander-in-chief of the armed 
 forces of the Republic; 
 
 (k) He shall grant pardon as per § 103. 
 
 2. All governmental and executive power, in so far 
 as it does not or shall not explicitly appertain to the 
 President according to the Constitutional Charter 
 and the laws adopted after November 15th, 1918, 
 shall be reserved to the Government (§ 70). 
 
 Ill 
 
 §65 
 
 The President of the Republic shall take an oath 
 before the National Assembly (§ 38) on his honor 
 and conscience to look to the welfare of the Republic 
 and its people, and to abide by the Constitution and 
 laws. 
 
 [56I
 
 431 
 
 §66 
 
 The President of the Republic shall not be answer- 
 able at law in the exercise of his functions. The 
 Government shall be answerable for all the President's 
 ofhcial utterances. 
 
 §67 
 
 1. He may be prosecuted only for high treason 
 before the Senate upon an indictment found against 
 him by the Chamber of Deputies (§34). The only 
 punishment shall be the loss of his office and per- 
 manent disqualification for the presidency. 
 
 2. Details shall be determined by law. 
 
 §60 
 Every governmental or executive act (jf the Presi- 
 dent shall also bear the signature of the member of 
 the Government responsible for its execution. 
 
 §69 
 The same provisions shall apply to the Vice-presi- 
 dent that apply to the President of the Republic. 
 
 THE GOVERNMENT 
 
 §70 
 
 1. The Prime Minister and other ministers of the 
 Government shall be appointed and dismissed by the 
 President of the Republic. 
 
 2. The official seat of the Government shall be in 
 Prague (§6, No. 2). 
 
 §71 
 The Government shall choose from among the 
 members a deputy Prime Minister. Should this 
 
 [57]
 
 432 
 
 deputy fail to attend, he shall be represented by the 
 oldest member of the Government. 
 
 §72 
 The President of the Republic shall determine as 
 to which member of the Government shall direct 
 each department. 
 
 The members of the Government shall take an 
 oath before the President on their honor and con- 
 science that they will conscientiously and impartially 
 perform their duties and abide by the Constitution 
 and other laws of the Republic. 
 
 §74 
 No member of the Government shall be a member of 
 the board of directors or controllers or a represen- 
 tative of any limited liability company, carrying on a 
 business for profit. 
 
 §75 
 
 The Government shall be responsible to the Cham- 
 ber of Deputies, which may vote its lack of confidence 
 in the Government. Such a vote shall be valid if more 
 than half of all the members are present, if a 50 per 
 cent, majority be obtained, and if the vote be taken 
 by roll call. 
 
 §76 
 
 Every motion for a vote of lack of confidence shall 
 be signed by not less than a hundred deputies and 
 shall be referred to a committee which must report 
 thereon within eight days. 
 
 The Government ma\' bring forward before the 
 
 I58]
 
 433 
 
 Chamber of Deputies a proposal for a vote of con- 
 fidence. Such proposal shall be acted upon without 
 being referred to a committee. 
 
 §78 
 
 1. Should the Chamber of Deputies vote lack of 
 confidence in the Government or should it reject the 
 Government's proposal for a vote of confidence, the 
 Government shall resign to the President. The Presi- 
 dent shall then determine who shall direct Govern- 
 ment affairs until a new Government be formed. 
 
 2. Should the Government resign at a time when 
 there is no President or Vice-president, the decision 
 as to the resignation and as to the direction of Govern- 
 ment affairs shall be referred to the committee 
 defined under § 54. 
 
 §79 
 
 1 . Should the Prime Minister or any other member 
 of the Government either consciously or from gross 
 neglect violate the Constitution or other laws while act- 
 ing in his official capacity, he shall be responsible at law. 
 
 2. The right of prosecution shall be reserved to the 
 Chamber of Deputies (§34). The trial shall be con- 
 ducted by the Senate. 
 
 3. Details shall be determined by law. 
 
 §80 
 
 The Government shall be competent to act as a 
 body if in addition to the Prime Minister or his 
 deputy more than half the Ministers be present. 
 
 §81 
 
 The Government shall decide in session: 
 (a) Government draft bills for Parliament, Gov- 
 I59]
 
 434 
 
 ernment decrees (§ 84), as well as any pro- 
 posals that the President exercise his right 
 defined under § 47 ; 
 
 (b) All matters of a political nature; 
 
 (c) Appointments of judges, state officials and 
 army officers of the eighth class and higher 
 grades, so far as such appointments shall fall 
 under the jurisdiction of the central authori- 
 ties; as well as proposals for appointments of 
 officials nominated by the President of the 
 Republic (§ 64, No. 8). 
 
 The President of the Republic shall have the right 
 to be present at and to preside over meetings of the 
 Government and to demand from the Government 
 or its individual members written reports on any 
 matter in their jurisdiction. 
 
 §83 
 The President of the Republic shall have the right 
 to call the Government or its members to conference. 
 
 §84 
 Every Government decree shall be signed by the 
 Prime Minister or his deputy and the minister in- 
 vested with its execution. It must be signed by at 
 least half of the members of the Government. 
 
 MINISTRIES AND SUBORDIXATE ADMINISTRATIVE 
 OFFICES 
 
 §85 
 
 The competence of ministries shall be determined 
 by law. 
 
 I60]
 
 435 
 
 §86 
 In subordinate administrative offices the citizens 
 must so far as possible be represented and the widest 
 protection of the rights and interests of the citizens 
 shall be assured. 
 
 §87 
 
 1. No one may hold at the same time an elective 
 subordinate office and an office which has jurisdiction 
 over the former. 
 
 2. Exceptions to this rule shall be determined by 
 law. 
 
 §88 
 
 1. A court composed of independent judges, hav- 
 ing jurisdiction throughout the Republic, shall hear 
 final appeals for protection against administrative 
 rulings. 
 
 2. Details shall be determined by law. 
 
 §89 
 The lower offices of state administration shall be 
 defined in principle by law, the detail execution of 
 which may be regulated by decrees in council. 
 
 §90 
 
 State offices charged with financial functions but 
 without executive power shall be established and 
 organized by government decrees. 
 
 §91 
 The constitution and competence of local autono- 
 mous governing bodies shall be determined by special 
 laws. 
 
 [61]
 
 436 
 
 §92 
 
 Special laws shall provide for the guarantee by the 
 State against damages caused by unlawful execution 
 of public offices. 
 
 §93 
 
 State officials in their official functions shall abide 
 by the Constitution and other laws. The same shall 
 apply to non-official members of administrative 
 bodies. 
 
 Section IV 
 
 JUDICIAL POWERS 
 
 §94 
 
 1. The law shall be administered by public law 
 courts whose organization, jurisdiction and procedure 
 shall be regulated by law. 
 
 2. No one shall be tried other than before his legal 
 judge. 
 
 3. Only in cases of criminal procedure may courts 
 be established for a limited period in cases specified 
 in advance by law. 
 
 §95 
 
 1. Jurisdiction in civil matters shall be reserved 
 to civil courts, either ordinary or extraordinary, and 
 courts of arbitration; jurisdiction in criminal matters 
 shall be reserved to public criminal courts, so far as 
 it shall not be reserved by special law for courts 
 martial or so far as these matters cannot be dealt 
 with according to general regulations in police or 
 financial prosecutions. 
 
 2. A single Supreme Court of Justice shall be 
 established for the whole Czecho-Slovak Republic. 
 
 1 62]
 
 437 
 
 3- The competence and functions of juries shall be 
 determined by special laws. 
 
 4. Trial by jury may be temporarily suspended in 
 cases provided for by law. 
 
 5. The jurisdiction of courts martial may be ex- 
 tended to the civil population according to legal regu- 
 lations in times of war only and for acts committed 
 at such times only. 
 
 §96 
 
 1. Judicial power in all courts shall be separated 
 from administrative power. 
 
 2. Solution of disputes as to competence between 
 courts and administrative authorities shall be deter- 
 mined by law. 
 
 §97 
 
 1. Conditions as to the qualification of judges shall 
 be determined by law. 
 
 2. The conditions of service of the judges shall be 
 determined by law. 
 
 §98 
 
 1. All judges shall be independent in the exercise 
 of their conscience and they shall be bound only by 
 law. 
 
 2. When taking the oath of office judges shall pledge 
 themselves to abide by the law. 
 
 §99 
 I. Judges shall be appointed permanently; they 
 may be transferred, dismissed or pensioned against 
 their will, only if a new juridical organization be set 
 up for a time specified by law or on the grounds of 
 lawful disciplinary proceedings; they may be also 
 pensioned after a valid finding when they have at- 
 
 I63I
 
 438 
 
 tained the age stated by law. Details shall be deter- 
 mined by a special law which shall also define the 
 conditions under which judges may be suspended. 
 
 2. Senates at law courts of the first and second in- 
 stance shall be permanent for one year except where 
 specified by law. 
 
 § 100 
 
 Judges shall not perform other paid functions per- 
 manent or temporary, except where permitted by law. 
 
 § loi 
 
 1. Verdicts shall be given in the name of the 
 Republic. 
 
 2. Proceedings before law courts shall be verbal 
 and public. Verdicts in criminal matters shall always 
 be proclaimed in public. The public may be excluded 
 during the proceedings only under circumstances 
 defined by law. 
 
 3. In criminal proceedings the principle of prose- 
 cution shall be adopted. 
 
 § 102 
 
 The judges shall have the right, in determining a 
 point of law, to enquire into validity of a govern- 
 mental decree; in the case of a law they can only 
 enquire as to whether it was properly promulgated 
 
 (§51). 
 
 § 103 
 
 I. The President of the Republic shall have the 
 right to grant an amnesty or pardons, to mitigate a 
 sentence and the legal consequences of verdicts of 
 criminal courts, especially the loss of the suffrage 
 right to the National Assembly and other represeii- 
 
 [64I
 
 439 
 
 tative bodies; he shall also have the right to order the 
 abolition or the suspension of criminal legal proceed- 
 ings with the exception of such proceedings in which 
 the action is brought by private individuals. 
 
 2. These rights shall not be exercised by the Presi- 
 dent in the case of members of the Government 
 accused or sentenced according to § 79. 
 
 § 104 
 
 A special law shall define the responsibility of the 
 State and judges for any damages caused by the 
 latters' breach of right in performing their duties. 
 
 § 105 
 
 1. In cases of private property claims coming for 
 adjudication before an administrative authority in 
 which the plaintiff is dissatisfied with the decision of 
 the latter, he may, after exhausting corrective efforts, 
 appeal to the courts. 
 
 2. Details shall be determined by law. 
 
 Section V 
 
 RIGHTS, LIBERTIES AND DUTIES OF THE CITIZEN. 
 
 EQUALITY 
 
 § 106 
 
 1. Privileges due to sex, birth or occupation shall 
 not be recognized. 
 
 2, All persons residing in the Czecho-Slovak Re- 
 public shall enjoy within its territory in equal measure 
 with the citizens of this Republic complete and abso- 
 lute security of life and liberty without regard to 
 
 I65]
 
 440 
 
 origin, nationality, language, race or religion. Excep- 
 tions to this principle may be made only so far as is 
 compatible with international law. 
 
 3. Only such titles may be conferred as designate 
 official rank or a profession. This enactment in no 
 way affects academic honors. 
 
 PERSONAL FREEDOM AND FREEDOM OF PROPERTY 
 
 1. Personal freedom shall be guaranteed. Details 
 shall be laid down by an enactment which shall form 
 part of this Constitutional Charter. 
 
 2. No person shall be deprived of personal liberty 
 or restricted in the enjoyment of the same except upon 
 legal grounds. Public authorities can demand per- 
 sonal services from a citizen only on legal grounds. 
 
 §108 
 
 1. Every citizen of the Czecho-Slovak State may 
 take up his abode wheresoever he will in the Czecho- 
 slovak Republic, may acquire there real property and 
 carry on any calling for the purpose of earning profits 
 within the limits of the law. 
 
 2. This right shall only sufTer restriction in the 
 public interests and on the basis of law. 
 
 § 109 
 
 1. Private ownership may be restricted only by law. 
 
 2. Expropriation is possible only on the basis of 
 law. Compensation shall be given in all cases unless 
 it is or shall be provided by law that no compensation 
 be given. 
 
 [66]
 
 441 
 
 § no 
 
 The right to emigrate abroad may be restricted 
 only by law. 
 
 § III 
 
 1. Taxation and public levies generally may be im- 
 posed only by law. 
 
 2. Likewise only by law may fines and iJunishments 
 be prescribed and imposed. 
 
 DOMESTIC LIBERTY 
 § 112 
 
 1. Domestic rights are inviolable. 
 
 2. Details shall be laid down by a law which shall 
 form part of this Constitutional Charter. 
 
 FREEDOM OF THE PRESS, THE RIGHT OF FREE 
 ASSEMBLY AND ASSOCIATION 
 
 § 113 
 
 1. Freedom of the press as well as the right to 
 assemble peaceably and without arms and to form 
 associations is guaranteed. It is therefore in principle 
 inadmissible to place the press under preliminary* 
 censorship. The manner in which the right of form- 
 ing associations and the right of free assembly shall 
 be exercised shall be determined by law. 
 
 2. An association may be dissolved only when its 
 conduct violates the law of the land or disturbs public 
 peace and order. 
 
 * Under the Austrian regime publications were submitted to the censor 
 before being issued. 
 
 [67]
 
 442 
 
 3- Restrictions may be imposed by law especially 
 in cases of assembly in places which serve as public 
 thoroughfares, in cases of the establishment of asso- 
 ciations for the purpose of profit, and in cases of the 
 participation of foreigners in political associations. 
 The law shall also state what restrictions shall be 
 placed on the principles of the foregoing paragraphs 
 in time of war or in case of events taking place within 
 the State seriously threatening the republican form 
 of government, the Constitution or public peace and 
 order. 
 
 § 114 
 
 1. The right of association to safeguard and 
 ameliorate conditions of employment and economic 
 conditions shall be guaranteed. 
 
 2. All acts of individuals or societies which con- 
 stitute an intentional violation of this right are 
 prohibited. 
 
 THE RIGHT OF PETITION 
 
 The right to petition shall be enjoyed by every 
 person. Legal persons and corporations shall en- 
 joy this right only within the bounds of their compe- 
 tence. 
 
 POSTAL INVIOLABILITY 
 §116 
 
 1. Inviolability of matter entrusted to the mail is 
 guaranteed. 
 
 2. Details shall be determined by enactment. 
 
 [681
 
 443 
 
 LIBERTY OF INSTRUCTION AND OF CONSCIENCE 
 LIBERTY OF EXPRESSING OPINION 
 
 § 117 
 
 1. Every person may within the limits of the law- 
 express his or her opinion by word, in writing, in print, 
 by picture, etc. 
 
 2. The same applies to legal persons within the 
 limits of their competence. 
 
 3. No one shall sutler in the sphere of his work or 
 employment for exercising this right. 
 
 §118 
 
 Scientific research and the publication of its results, 
 as well as art, is free so far as it does not violate the 
 penal code. 
 
 § 119 
 Public instruction shall be given so as not to be in 
 conflict with the results of scientific investigation. 
 
 § 120 
 
 1. Private establishments for instruction and edu- 
 cation are permitted to be set up only within the limits 
 of the law. 
 
 2. The supreme authority and control over all 
 instruction and education shall be in the hands of the 
 State. 
 
 § 121 
 
 Liberty of conscience and religious creed is guaran- 
 teed. 
 
 § 122 
 
 All inhabitants of the Czecho-Slovak Republic enjoy 
 in the same degree as the citizens of the Republic the 
 
 I69]
 
 444 
 
 right to profess and exercise publicly and privately 
 any creed, religion or faith whatsoever, so far as the 
 exercise of the same is not in conflict with public law 
 and order or with morality. 
 
 § 123 
 
 No one shall be compelled either directly or indi- 
 rectly to take part in any religious rite or ceremony 
 whatsoever, rights pertaining to paternal or guardian 
 authority being nevertheless respected. 
 
 § 124 
 
 All religious confessions shall be equal before the 
 law. 
 
 § 125 
 
 The performance of specific religious rites may be 
 prohibited if they are in conflict with public order or 
 public morals. 
 
 MARRIAGE AND FAMILY 
 § 126 
 
 Wedlock, family and motherhood shall be under the 
 special protection of the law. 
 
 MILITARY SERVICE 
 
 § 127 
 
 1. Every able-bodied citizen of the Czecho-Slovak 
 Republic shall undergo military training and shall 
 obey the summons when called upon for the defence 
 of the State. 
 
 2. Details shall be settled by enactment. 
 
 I70]
 
 445 
 Section VI 
 
 PROTECTION OF NATIONAL, RELIGIOUS AND 
 RACIAL MINORITIES 
 
 §128 
 
 1. All citizens of the Czecho-Slovak Republic shall 
 be in all respects equal before the law and shall enjoy 
 equal civic and political rights whatever be their race, 
 their language or their religion. 
 
 2. Difference in religion, belief, confession or lan- 
 guage shall within the limits of the common law con- 
 stitute no obstacle to any citizen of the Czecho-Slovak 
 Republic, particularly in regard to entry into the pub- 
 lic services and offices, of attainment to any promotion 
 or dignity, or in regard to the exercise of any trade or 
 calling. 
 
 3. Citizens of the Czecho-Slovak Republic may, 
 within the limits of the common law, freely use any 
 language they choose in private and business inter- 
 course, in all matters pertaining to religion, in the 
 press and in all publications whatsoever, or in public 
 assemblies. 
 
 4. This, however, does not affect the rights con- 
 ferred on the state organs in these matters by laws 
 already in force or to be passed in the future with a 
 view to public order, the security of the State or 
 effective control. 
 
 § 129 
 
 The principles on which the rights as to language 
 in the Czecho-Slovak Republic are based shall be 
 determined by a special enactment which shall form 
 part of this Constitutional Charter. 
 
 I71]
 
 446 
 
 §I30 
 In so far as citizens of the Czecho-Slovak Republic 
 are entitled by the common law to establish, manage 
 and administer at their own cost philanthropic, 
 religious, or social institutions, they are all equal, no 
 matter what be their nationality, language, religion 
 or race and may, in such institutions, make use of 
 their own language and worship according to their 
 own religious ceremonies. 
 
 § 131 
 
 In towns and districts in which there lives a con- 
 siderable fraction of Czecho-Slovak citizens speaking 
 a language other than Czecho-Slovak, the children of 
 such Czecho-Slovak citizens shall, in public instruction 
 and within the bounds of the general regulations 
 relating thereto, be guaranteed a due opportunity to 
 receive instruction in their own tongue. The Czecho- 
 slovak language at the same time may be prescribed 
 as a compulsory subject of instruction. 
 
 § 132 
 
 In towns and districts where there is living a con- 
 siderable fraction of Czecho-Slovak citizens belonging 
 to some minority, whether in respect of religion, or 
 nationality, or language, and where specific sums of 
 money from public funds are set out in the state budget 
 or in the budget of local or other public authorities 
 to be devoted to education, religion, or philanthropy, 
 a due share in the use and enjoyment of such sums 
 shall be secured to such minorities within the limits of 
 the general regulations for public administration. 
 
 I 72]
 
 447 
 
 § 133 
 The method of carrying out the principles embodied 
 in §§ 131 and 132 and especially the interpretation to 
 be assigned to the expression "considerable fraction" 
 shall be determined by special enactment. 
 
 § 134 
 Every manner whatsoever of forcible denationaliza- 
 tion is prohibited. Non-observance of this principle 
 may be proclaimed by law to be a punishable act. 
 
 Follow the signatures: 
 T. G. Masaryk Tusar Stanek Houdek 
 
 i:!>
 
 448 
 
 AN ACT 
 DATED THE 29TH OF FEBRUARY 1920 
 IN PURSUANCE OF § 129 OF THE CONSTITU- 
 TIONAL CHARTER ESTABLISHING THE 
 
 PRINCIPLES OF LANGUAGE RIGHTS 
 WITHIN THE CZECHO-SLOVAK REPUBLIC 
 
 The Czecho-SIovak language shall be the state, offi- 
 cial language of the Republic (Article 7 of the Treaty 
 made between the leading Allied and Associated 
 Powers and the Czecho-SIovak Republic and signed at 
 St. Germain-en-Laye on the loth September 1919). 
 
 It is thus in particular the language: 
 
 1. In which the work of all the courts, offices, in- 
 stitutions, undertakings and organs of the Republic 
 shall be conducted, in which they shall issue their 
 proclamations and notices as well as their inscriptions 
 and designations. (Exceptions to this section are laid 
 down in § 2 and § 5 as well as in § 6 relating to Rus- 
 sinia.) 
 
 2. In which the principal text on state and other 
 banknotes shall be printed. 
 
 3. Which the armed forces of the country shall use 
 for the purpose of command and as the language of 
 the service; in dealings with men and companies not 
 
 I 74]
 
 449 
 
 knov/ing this language their mother tongue may also 
 be used. 
 
 Detailed regulations will be issued as to the duty of 
 state officials and employees, as well as of officials 
 and employees of state institutions and undertakings 
 to know the Czecho-Slovak language. 
 
 §2 
 
 In respect of national and language minorities 
 (Chapter i, Treaty of St. Germain) the following rules 
 shall apply: 
 
 It shall be the duty of courts, offices and organs of 
 the Republic whose competence relates to a juris- 
 dictional district in which according to the latest 
 census at least 20 per cent of the citizens speak the 
 same language — and that a language other than 
 Czecho-Slovak — to accept (in all matters which they 
 have to settle on the ground of their competence 
 applying to such a district) from any member of this 
 minority any plaints in this language and to deal 
 with plaints not only in the Czecho-Slovak language 
 but also in that in which the plaint itself is presented. 
 Where there are several district courts in one commun- 
 ity that whole community shall be deemed to be a 
 single jurisdictional district. 
 
 It shall be laid down by regulation to what extent 
 and for what courts and offices it will be possible to 
 restrict the settlement of cases to the language of the 
 parties themselves. These courts and offices are those 
 whose competence is limited to one district, namely 
 a district with such a national minority, as well as 
 courts and offices immediately subordinate to them. 
 
 Under similar conditions it is the duty of the public 
 prosecutor to frame the charges against an accused 
 
 I75]
 
 450 
 
 speaking another tongue in this language too, or even 
 in this language alone. 
 
 The executive authority shall determine in such 
 cases what language shall be used. 
 
 If the party to any matter is not the initiator of the 
 proceedings, he shall (if the other conditions of § 2 are 
 fulfilled) be entitled on the same principles to have 
 his case dealt with also in his own language, or even 
 in it alone so far as it is known, or otherwise at his 
 request. 
 
 In districts where there lives a national minority 
 in the terms of § 2 the language of the national minor- 
 ity shall be used concurrently with the Czecho-Slovak 
 language in proclamations and notices issued by the 
 state courts, offices and organs and for their inscrip- 
 tions and designations. 
 
 §3 
 
 It is the duty of autonomous offices, representative 
 councils and all public corporations in the state what- 
 soever to accept and to deal with oral or written mat- 
 ter in the Czecho-Slovak language. 
 
 It shall always be possible to make use of this 
 language in meetings and conferences; proposals and 
 suggestions put forward in this language must be 
 dealt with. 
 
 The state executive authority shall determine upon 
 the language to be used for public proclamations and 
 notices and for the inscriptions and designations for 
 which the autonomous offices are responsible. 
 
 It is the duty of the autonom.ous offices, representa- 
 tive councils and public corporations to accept — 
 under the conditions of § 2 — all matters presented to 
 them in a language other than Czecho-Slovak and to 
 
 [76]
 
 451 
 
 deal with the same, and also to permit the use of 
 another language in meetings and conferences. 
 
 §4 
 The state ofBces, using the state, official language, 
 shall, in their official proceedings in those parts of the 
 Republic which before the 28th of October 1918 per- 
 tained to the kingdoms and lands represented in the 
 Imperial (Austro-Hungarian) Council or to the King- 
 dom of Prussia, use regularly the Czech language, in 
 Slovakia regularly the Slovak language. 
 
 Matters presented in the Czech language and of- 
 ficially dealt with in Slovak or presented in Slovak 
 and dealt with in Czech shall be deemed to have been 
 dealt with in the language in which they were pre- 
 sented. 
 
 §5 
 The Instruction in all schools established for mem- 
 bers of a national minority shall be given in their 
 language. Likewise educational and cultural institu- 
 tions set up for them shall be administered in their 
 language. (Article 9, Treaty of St. Germain.) 
 
 §6 
 
 The Diet which shall be set up for Russinia shall 
 have the right reserved to it of settling the language 
 question for this territory in a manner consonant 
 with the unity of the Czecho-Slovak State. (Article 10, 
 Treaty of St. Germain.) 
 
 Until this settlement has been made this law shall 
 apply, due regard, however, being paid to the special 
 circumstances of that territory in respect of language.
 
 452 
 
 §7 
 Disputes regarding the use of a language in the 
 courts, offices, institutions, undertakings and organs 
 of the state as well as in the autonomous offices and 
 public corporations shall be settled by the competent 
 organs of state control as matters of state administra- 
 tion detached from the causes out of which they 
 arose. 
 
 §8 
 
 Details as to the carrying out of this law shall be 
 fixed by the state executive authority which will, in 
 the spirit of this law, lay down rules regulating the 
 use of languages for autonomous offices, representative 
 bodies, and public corporations as well as for those 
 offices and public organs whose competence extends 
 to districts which are less than jurisdictional dis- 
 tricts, or organs which have no district of their own. 
 
 The rules shall also prescribe what measures shall 
 be taken towards facilitating the dealings of officials 
 with persons who do not speak the language in which 
 the court, office or organ conducts its business in the 
 sense of this law. They shall also prescribe the meas- 
 ures to be taken to protect the different parties from 
 legal damage which might accrue to them from igno- 
 rance of the language in question. 
 
 Exceptions to the terms of this act necessary for 
 securing undisturbed administration may also be 
 made by regulation for the period of five years com- 
 mencing from the day on which this law comes into 
 force. 
 
 Finally, rules shall be laid down which are essential 
 for securing the successful carrying out of this law. 
 
 [78]
 
 453 
 
 §9 
 This law shall come into force on the day on which 
 it is promulgated. It abrogates all rules relating to 
 language which were in force previous to the 28th of 
 October 191 8. 
 
 All the Ministers are entrusted with the execution 
 of this law. 
 
 T. G. Masaryk Prasek 
 TusAR Vesely 
 
 Stanek KlofaC 
 
 HOUDEK He IDLER 
 
 Bene§ Winter 
 
 SONNTAG FrANKE 
 
 Habrman Hampl 
 
 79]
 
 454 
 
 VI 
 
 ACT OF THE 29TH OF FEBRUARY 1920 
 
 SETTING FORTH THE CONSTITUTION AND 
 
 JURISDICTION OF THE SENATE 
 
 Section I 
 
 THE CONSTITUTION OF THE SENATE 
 §1 
 
 The Senate of the Czecho-Slovak Republic shall 
 consist of 150 elected members. No one may be at 
 the same time a member of the Chamber of Deputies 
 and of the Senate. 
 
 If the elections to the one chamber follow within 
 four weeks at the latest after the elections to the 
 other, no one may stand as candidate for both cham- 
 bers. The election of a candidate in defiance of this 
 enactment is invalid. 
 
 Anyone who, in any other case than that just re- 
 ferred to, being a member of the Chamber of Depu- 
 ties, is elected senator, or vice versa, being a member 
 of the Senate, is elected to the Chamber of Deputies, 
 shall take his seat in that chamber to which he has 
 been last elected. 
 
 §2 
 
 The rules of franchise laid down for elections to the 
 Chamber of Deputies shall be applicable to elections 
 
 [80]
 
 455 
 
 for the Senate except in such cases as this law other- 
 wise provides. 
 
 §3 
 All citizens who have the right to vote at elections 
 to the Chamber of Deputies are entitled to vote at 
 elections to the Senate if they have attained on the 
 day of the publication of the standing lists of voters 
 (Law of 19th December 191 9, No. 663 in the Code of 
 Laws and Regulations) the age of twenty-six years. 
 
 §4 
 Citizens of the Czecho-Slovak Republic without 
 regard to sex may be elected to the Senate if, on the 
 day of election they have attained the age of forty-five 
 years, have been for at least ten years citizens of the 
 Czecho-Slovak Republic and are not excluded from the 
 franchise. For elections which shall take place up to 
 the end of the year 1928 this condition of ten years' 
 citizenship shall not be required. 
 
 §5 
 The Senate shall be elected for a period of eight 
 years. 
 
 §6 
 
 If the elections to the Senate take place within four 
 weeks at the latest of the day on which the elections 
 to the Chamber of Deputies took place the polling 
 committees of the constituencies and the central 
 polling committee which were in charge of the elec- 
 tions to the Chamber of Deputies shall also take charge 
 of the elections to the Senate. 
 
 Representatives of parties who have not put for- 
 I81]
 
 456 
 
 ward valid lists of candidates for the Senate may not 
 be members of these committees; on the contrary 
 these committees shall be composed of representatives 
 of those parties which put fonvard no candidates for 
 the Chamber of Deputies but presented valid lists of 
 candidates for the Senate. Paragraphs 9 and li of 
 the rules of franchise for the Chamber of Deputies 
 are to be applied in this matter. 
 
 Except in the case stated in Par. i the polling com- 
 mittees of the constituencies and the central polling 
 committee must be constituted anew. 
 
 §7 
 
 In every constituency which elects members to the 
 Senate a district polling committee .shall be set up. 
 The rules of franchise for elections to the Chamber 
 of Deputies relating to district polling committees 
 apply by analogy thereto. 
 
 A district polling committee for elections to the 
 Senate has the same competence in the matter of 
 elections to the Senate as a district polling committee, 
 set up in pursuance of Par. 10 of the rules of franchise 
 for election to the Chamber of Deputies, has in respect 
 of elections to the Chamber of Deputies. 
 
 §8 
 In the case stated in Par. 6, section i , citizens who are 
 not entitled to vote at the elections to the Senate may 
 be members of a committee which has charge of elec- 
 tions to the Senate. 
 
 §9 
 The constituencies electing senators shall be com- 
 posed of constituencies which elect members to the 
 Chamber of Deputies. 
 
 [82]
 
 457 
 
 (Here follows an enumeration of the electoral dis- 
 tricts. There are in all 13 senatorial constituencies 
 electing respectively 23, 11, 15, 14, 15, 17, 16, lo, 7, 
 5, 9, 4 and 4 senators.) 
 
 § 10 
 
 If the Senate be dissolved by the President of the 
 Republic or if the term for which it was elected expire, 
 the Minister of the Interior shall cause new elections 
 to take place within sixty days. 
 
 §11 
 
 The Minister of the Interior shall issue to an elected 
 senator a letter of credence which shall entitle him 
 to enter the Senate and to take part in its proceedings. 
 This right shall lapse should the election of such a 
 senator be declared invalid by the Electoral Court. 
 
 § I- 
 
 At its first assembly which shall be opened by the 
 Prime Minister and presided over by the senior sena- 
 tor, the Senate shall elect from ainong its own mem- 
 bers a chairman and two deputy chairmen. 
 
 The proceedings of the Senate shall be regulated 
 within the limits of the law relating to rules of pro- 
 cedure, by rules of procedure determined upon by 
 the Senate itself. Until such rules shall be determined 
 upon the rules of procedure passed by the hitherto 
 existing National Assembly shall remain in force. 
 
 § 13 
 At the first assembly of the Senate and previous to 
 the elections of chairman and deputy chairmen the 
 senators shall take the oath in the presence of the 
 
 [33]
 
 458 
 
 Prime Minister as provided by Par. 22 of the Consti- 
 tutional Charter. Refusal to take the oath or the tak- 
 ing of it with reservation shall entail the immediate 
 loss by the member of his seat (Par. 22 of the Con- 
 stitutional Charter). 
 
 The same applies to senators who subsequently 
 enter the Senate; they take the oath in the presence 
 of the chairman of the Senate. 
 
 § 14 
 
 Senators are entitled to such remuneration as shall 
 be fixed by law. 
 
 THE JURISDICTION OF THE SENATE 
 § 15 
 
 The Senate shall co-operate in the exercise of legis- 
 lative authority as laid down by the Constitutional 
 Charter. 
 
 § 16 
 
 The Senate is entitled to pass judgment where an 
 accusation is brought by the Chamber of Deputies: 
 
 1. Against the President of the Republic for high 
 treason (Par. 67, Constitutional Charter) ; 
 
 2. Against members of the Government for viola- 
 tion of constitutional or other laws (Par. 79, Consti- 
 tutional Charter). 
 
 Section II 
 
 The first elections to the Senate of the Czecho-Slovak 
 Republic shall take place to the exclusion of the twelfth 
 and thirteenth constituencies as well as to the exclusion 
 of the district of Hlucin from the seventh constituency, 
 
 [84I
 
 459 
 
 the district of Vitoraz from the fifth constituency, the 
 district of Valcice from the sixth, and to the exchision 
 of the territories of Spis and Orava which are the 
 subject of a plebiscite. 
 
 The second and third scrutinies shall take place for 
 the other elections without regard to elections in these 
 last-mentioned districts. 
 
 The territories excluded from the first elections 
 shall, for the first period for which the Senate is 
 elected, elect their senators later in a manner which 
 will be fixed by regulation. 
 
 The Government shall take steps to secure for 
 legionaries the exercise of their franchise rights and 
 shall assign to them seats which may happen to be 
 superfluous in some of the electoral districts. 
 
 Article III 
 
 This law shall come into force simultaneously with 
 the law which served as the Introduction to the 
 Constitutional Charter. 
 
 The execution of it shall be entrusted to the Min- 
 ister of the Interior. 
 
 T. G. Masaryk Tusar Stanek 
 
 85l
 
 LIST OF PUBLICATIONS 
 
 Nos. i-i6s (April, 1907, to August, 1921). Including papers by Baron 
 d'Estournelles de Constant, George Trumbull Ladd, Elihu Root, Barrett 
 Wendell, Charles E. Jefferson, Seth Low, John Bassett Moure, William James, 
 Andrew Carnegie, Pope Pius X, Hoinrich Lanimasch, Norman Angell, Charles 
 W. Eliot, Sir Oliver Lodge, Lord Haldane, Alfred H. Fried, James Bryce, and 
 others; also a series of official documents dealing with the European War, 
 the League of Nations, the Peace Conference, and with several of the political 
 problems resulting from the War. A list of titles and authors will be sent on 
 application. 
 
 166. Constitution of the Permanent Mandates Commission; Terms of the "C" 
 
 Mandates; Franco-British Convention of December 23, 1920; Corre- 
 spondence between Great Britain and the United States respecting 
 Economic Rights in the Mandated Territories; The San Remo Oil 
 Agreement. September, 1921. 
 
 167. Present Problems of the Commonwealth of British Nations: Conference 
 
 of Prime Ministers and Representatives of the United Kingdom, the 
 Dominions and India, held in June, July and August. October, 1921. 
 
 168. Relations between Great Britain and Ireland: Proposals of British Govern- 
 
 ment and Correspondence between Mr. Lloyd George and Mr. de Valera. 
 November, 1921. 
 
 169. Washington Conference on the Limitation of Armaments. December, 
 
 1921. 
 
 170. Treaties of Peace between the United States on the one hand and Ger- 
 
 many, Austria and Hungary on the other. January, 1922. 
 
 171. Peace through Conferences: Address delivered by Mr. Lloyd George at 
 
 Central Hall, Westminster, London, on January 21, 1922, and text of 
 the resolution of the Supreme Council calling the Genoa Conference. 
 February, 1932. 
 
 172. Washington Conference on the Limitation of Armament. Part II. Treaties 
 
 and Resolutions. March, 1922. 
 
 173- Correspondence between Mr. Lloyd George and Sir James Craig on the 
 Position of Ulster; Articles of Agreement establishing the Irish Free 
 State; Irish Free State (Agreement) Bill. April, 1922. 
 
 174. The International Chamber of Commerce, by Frederick P. Keppel, Ad- 
 ministrative Commissioner for the United States. May, 1922. 
 
 175- The Student and the Citizen, Phi Beta Kappa address at Columbia 
 University, March 16, 1922, by James T. Shotwell. June, 1922. 
 
 176. The Portorose Conference, by James T. Shotwell; An Account of the 
 Portorose Conference, by the American Obsen,'er, Colonel C. B. Smith; 
 Protocols and Agreements concluded at the Portorose Conference, 
 November, 1021; Agreement concerning Passports and Visas concluded 
 at Graz, January 27, 1022. July, 1922. 
 
 l^^. Impressions of Berlin in 1922, by Professor Henri Lichtenberger. 
 August, 1922. 
 
 178. Addresses delivered March I and S. 1922, in connection with the Fifth 
 
 Annual Meeting of the Cuban Society of International Law, Havana, 
 
 by Cosme de la Torriente. September, 1922. 
 179- The Constitution of the Czecho-SIovak Republic, with introductions bv 
 
 Jiri Hoetzl and V. Joachim. October, 1922. 
 Special Bulletins: France, Liberator of Nations, by Charles Downer Hazen. 
 
 June, 1922. 
 
 America and England: Addresses by the Rt. Hon. Earl Balfour and 
 Chief Justice Taft at a dinner in London, June 19, 1922, given by 
 the Pilgrims. July, 1922. 
 Copies of the above, so far as they can be spared, will be sent to libraries 
 and educational institutions for permanent preservation postpaid upon receipt 
 of a request addressed to the Secretary of the American Association for Inter- 
 national Conciliation. 
 
 A charge of five cents will be made for copies sent to individuals. Regular 
 subscription rate twenty-five cents for one year, or one dollar for five yean. 
 
 (86]
 
 AMERICAN ASSOCIATION 
 FOR INTERNATIONAL CONCILIATION 
 
 Executive Committee 
 Nicholas Murray Butler, Chairman 
 George Blumenthal Alba B. Johnson 
 
 Gang Dunn William B. McKinley 
 
 Robert A. Franks Dwight W. Morrow 
 
 Joseph P. Grace Stephen Henry Olin 
 
 Secretary 
 Henry S. Haskell 
 
 Director of Interatnericayi Division 
 Peter H. Goldsmith 
 
 Correspondents 
 
 Sir William J. Collins, London, England 
 Hellmut von Gerlach, Berlin, Germany 
 Edoardo Giretti, Bricherasio, Italy 
 Christian L. Lange, Geneva, Switzerland 
 T. MiYAOKA, Tokio, Japan 
 Otfried Nippold, Saarlouis
 
 COUNCIL OF DIRECTION OF THE 
 
 AMERICAN ASSOCIATION FOR INTERNATIONAL 
 
 CONCILIATION 
 
 Lyman Abbott, New York 
 
 Edwin A. Alderman, Charlottesville, 
 
 Va. 
 John R. Alpine, New York 
 Richard Bartholdt, St. Louis, Mo. 
 George Blumenthal, New York 
 Clifton R. Breckenridge, Eureka 
 
 Springs, Arkansas 
 WiLLi.^M J. Bry.\n, Miami, Fla. 
 Theodore E. Burton, Washington, D. C. 
 Nicholas Murray Butler, New York 
 Richard H. Dana, Boston, Mass. 
 Horace E. Deming, New York 
 Gano Dunn, New York 
 Charles \V. Eliot, Cambridge, Mass. 
 Austen G. Fox, New York 
 Robert A. Franks, Orange, N. J. 
 John P. Frey, Cincinnati, Ohio 
 Robert Garrett, Baltimore, Md. 
 Joseph P. Grace, New York 
 William Green, Indi.a.napolis, Ind. 
 William J. Holland, Pittsburgh, Pa. 
 Hamilton Holt, New York 
 Alba B. Johnson, Philadelphia, Pa. 
 D.wid Starr Jordan, Stanford 
 
 University, Cal. 
 J. H. KiRKLAND, Nashville, Tenn. 
 Mrs. James Lees Laidl.a.w, New York 
 Thomas W. Lamont, New York 
 Adolph Lewisohn, New York 
 Clarence H. Mackay, New York 
 
 Theodore Marburg, Baltimore, Md. 
 
 Brander Matthews, New York 
 
 Silas McBee, New York 
 
 George B. McClellan, Princeton, N. J. 
 
 William B. McKinley, Washington, D. C. 
 
 Andrew J. Montague, Richmond, Va. 
 
 Mrs. Philip N. Moore, St. Louis, Mo. 
 
 Dwight W. Morrow, New York 
 
 W. W. Morrow, San Francisco, Cal. 
 
 Stephen H. Olin, Middletown, Conn. 
 
 Mrs. Percy V. Pennybacker, Austin, Texas 
 
 Henry S. Pritchett, New York 
 
 Ira Remsen, Baltimore, Md. 
 
 James Ford Rhodes, Boston, Mass. 
 
 Elihu Root, New York 
 
 J. G. Schurman, Pekin, China 
 
 James Brown Scott, Washington, D. C. 
 
 Charles Hitchcock Sherrill, New York 
 
 Mrs. Seward A. Simons, So. Pasadena, C.\l. 
 
 J.\MES L. Slayden, San Antonio, Texas 
 
 William M. Sloane, Princeton, N. J. 
 
 Oscar S. Straus, New York 
 
 Mrs. M.^.RY Wood Swift, Berkeley, Cal. 
 
 George W. Taylor, Demopolis, Ala. 
 
 O. H. TlTTMAN, LEESBURG, Va. 
 
 W. H. ToLMAN, Prague, Czecho-slovakia 
 Charlem.\gne Tower, Philadelphia, Pa. 
 Edward Tuck, Paris, France 
 George E. Vincent, New York 
 William D. Wheelwright, Portland, Ore. 
 Mary E. Woolley, South H.^dley, Mass.