Page:EB1922 - Volume 30.djvu/836

788 instance, as enactments declaring the Austro-Hungarian code of laws (with some few express exceptions) as still in force and measures securing continuity in the executive and administrative offices of State. There was thus no appreciable break in political, legal or local administration. The framing of a constitution for the new State was early proceeded with. On Feb. 29 1920, after a parliamentary committee had been at work on its provisions for almost a year, a constitution of the republic was adopted by the National Assembly.

Constitution.—The framers of the constitution were largely influenced by the American and French constitutions, and the American principle of the division and balance of the legislative, executive and judicial powers was followed.

The actual terms of the constitution are introduced by a preamble, which runs:—

"We, the Czechoslovak nation, desiring to consolidate the perfect unity of our people, to establish the reign of justice in the Republic, to assure the peaceful development of our native Czechoslovak 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 Assembly this 29th day of February 1920 adopted the following Constitution for the Czechoslovak Republic; and in so doing we declare that it will be our endeavour 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-determination, for we desire to take our place in the Family of Nations as a member at once cultured, peace-loving, democratic and progressive."

Legislative authority is exercised by two popularly elected bodies, a Chamber of Deputies of 300 and a Senate of 150 members. Of these, the Chamber of Deputies, as the more fully representative of the popular will, possesses greater powers, being enabled in certain cases to carry through its legislation in face of the opposition of the Senate. The Senate was intended to play the part of an organ of supervision, so as to act as a preventive of too hasty or too loosely drawn-up legislation. It has in more than one instance already exercised its power as a checking and restraining authority with good effects—its amendments even on substantial points having been several times accepted by the Lower Chamber.

Suffrage is universal, both men and women who have attained the age of 21 years being able to vote in elections to the House of Deputies. To vote in elections to the Senate the voter must have reached the age of twenty-six.

The president of the republic is elected in a joint session of the two Chambers. His period of office is fixed at seven years, and he may be reëIected at the end of his first term for a second period of seven years. For a third term, however, he cannot be elected until after the expiration of seven years from the conclusion of his second term of office. This restriction does not apply to the first president—President Masaryk.

The president of the republic is not answerable at law for his official acts. He may be impeached in one case only namely, for high treason, on the motion of the Chamber of Deputies; and his only punishment, if found guilty, is the loss of his office and disability ever to hold it again. For each and all of his State acts one minister at least is responsible.

Among other outstanding terms of the constitution are the following: The Czechoslovak State is declared to be a democratic republic with an elected president at its head. To make any alteration in its frontiers a constitutional law is required—a law which, as opposed to an ordinary law, has to be passed by a three-fifths majority of Parliament. Russinia (Sub-Carpathian Russia) is granted the widest possible autonomy compatible with the integrity of the Czechoslovak Republic. The Chamber of Deputies is elected for six years, the Senate for eight. Deputies must be at least 26, senators 45 years of age. They possess immunity, but may be handed over to the ordinary courts by resolution of the House to which they belong. Parliament must sit twice a year. Declarations of war and amendments to the constitution require a vote in their favour of three-fifths of all members of both Houses. Cabinet ministers may participate in the meetings of either House and on the request of either House must attend its session.

Finance and army bills must be introduced first in the Lower House, the Chamber of Deputies. A measure passed by the Chamber of Deputies becomes law, in spite of its rejection by the Senate, if the Chamber of Deputies by a vote of the majority of its entire membership repasses the measure. During the period when Parliament is not sitting, a permanent commission of 24 members (16 from the deputies and 8 from the senators) sits to enact urgent measures which have temporarily the force of law. They lose their validity unless confirmed within two months by the Parliament which subsequently meets.

Cabinet ministers are appointed by the president; they need not be members of either House.

In respect of civic rights no privileges of sex, birth or vocation are recognized. Titles may be conferred only when they refer to office or occupation. The liberty of the press, the right of free expression of opinion by word, writing, printed matter, etc., liberty of conscience and religious profession are guaranteed. All religious confessions are equal before the law.

All citizens of the republic are fully equal before the law and enjoy equal civil and political rights whatever be their race, language or religion; the special provisions for the protection of national and other minorities have already been referred to. The constitutional charter thus represents an honest effort to set up a truly democratic republic which shall fairly meet the demands of the varied races and religions within its borders.

Administration and Justice.—The executive Government is placed in charge of 15 ministries concerned with the following matters: foreign affairs, interior, finance, commerce, labour, food supplies, railways, health, social welfare, justice, agriculture, public instruction, national defence, posts and telegraphs, and the unification of laws. The collective responsibility of this Cabinet of ministers is expressly laid down in the charter of the constitution. The president of the republic enjoys such executive power as is expressly assigned to him by the constitution, and he has his own office—the president's bureau—presided over by a permanent official, to conduct such matters as fall within his competence and to facilitate communication with the rest of the executive.

For purposes of political administration the republic has been divided into administrative subdistricts, the heads of which are appointed by and directly responsible to the central Government. Local civil government is carried on by popularly elected parish, district, urban and municipal councils.

The tribunals of the republic are the Supreme Court of Justice, which sits at Brno and is the court of final appeal both in civil and criminal causes, two high courts sitting at Prague and Brno respectively, 33 provincial courts and 410 district courts, all of which possess jurisdiction in both civil and criminal causes. Commercial cases are dealt with by the ordinary courts, except at Prague where a special commercial court sits. Litigation in mining matters is conducted before special benches attached to the district courts in mining districts. In large industrial centres there are also industrial courts to deal with disputes between employers and workpeople. At Prague there sits also an electoral court which decides upon the validity of disputed elections or forfeiture of seats and other questions relating to parliamentary or elected bodies. A constitutional court decides whether laws promulgated by Parliament are in harmony with the charter of the constitution.

Previous to 1918 the territories now composing the Czechoslovak Republic were of course subject to the Austrian or Hungarian code of laws respectively. On the collapse of the Austro-Hungarian Monarchy the Austrian code was adopted for the lands of the Bohemian crown and the Hungarian code for Slovakia. A special Ministry—that for " the unification of legislation and administrative organization "has been entrusted with the unification of the laws for the whole republic; and two commissions of legal experts under the control of the Ministry of Justice were in 1921 at work on a careful revision of the old codes, which when completed would be issued as a uniform code for the entire republic.

Foreign Policy.—"Our policy," said Dr. Beneš in 1921, "is a policy of peace: in domestic affairs our programme is the logical sequel to our foreign policy, namely, social and racial order and justice, and unremitting effort on behalf of social and political democracy. The Great War must have taught us all that a calm and sensible discussion of all our differences is possible." The Czechoslovak Republic was first and foremost concerned, while avoiding all that may smack of chauvinism or imperialism, to maintain its integrity within the frontiers assigned to it by the Peace Conference. To that end it insisted upon the strict observance of the Treaties of Versailles, of St. Germain and of Trianon. It favoured an Anglo-French entente or alliance, seeing therein a substantial guarantee for the due carrying-out of those pacts. An intimate collaboration with England and France was a conditio sine qua non for Czechoslovakia. The creation of the so-called "Little Entente, aiming at the preser-