Legislative powers

Transition from totalitarianism to democracy in regard to the legislative

powers

Main areas coveredMain areas covered

Former totalitarian regime – Constitution, one-party rule and the formal structure of the Federal government

Description of the emerging democratic system, and the status of the legislative bodies within the political system and the related challenges Challenges to the political parties Relationship between different governing bodies (parliament,

government and president) Problems with parliament’s credibility

Selected areas directly influenced by the legislative powers (those needed a reform)

The former totalitarian regimeThe former totalitarian regime

Model of the Soviet Communism in Czech Model of the Soviet Communism in Czech

RepublicRepublic

The constitutionally-dictated leading role of the Communist Party of Czechoslovakia;

A complete nationalization of the economy; A ban on private enterprise; A state-run economy based on five-year plans; Strict restrictions on travel to foreign countries,

especially to the so-called capitalist states; A state-run media that served the interests of the

regime and a ban on alternative sources of information; Total subordination of foreign and security policy to the

interests of the USSRBut formally, the Czechoslovak regime retained all the

legislative and legal aspects of civilized society (written Constitution, Federal president, government and parliament)

FORMER REGIME‘sFORMER REGIME‘sConstitutionConstitution

Constitution established the Communist‘s party‘s (KSČ) leading role

Elections every 5 years – nor free nor fair: The voter could enter the polling place and cast a single pre-

marked ballot with candidates from the National Front, led by the KSČ;

Or the voter could go the polling place but not cast the pre-marked ballot;

Or the voter could refrain from coming to the polling place at all.

Option two and three resulted in sanctions or threat against the voter and his/her family.

Post-1989: New Regime and the Federal Post-1989: New Regime and the Federal

government as an obstacle to democracygovernment as an obstacle to democracy

Federal government as it existed during the communist regime:

consisted of the Czech Parliament, Slovak Parliament – bi-cameral: The Assembly of People (200 members) and the Assembly of Nations (150 members – 75 Slovak and 75 Czech Representatives) => the need for majority vote in each chamber hampered the decision-making process and created the main obstacle after the fall of the Communist regime.

The democratic The democratic systemsystem

1989 – the fundamental regime change in 1989 – the fundamental regime change in

CzechoslovakiaCzechoslovakia

However, almost nothing was changed in the structure of the highest constitutional bodies - (only revocation of Article guaranteeing the leading role to the Czech Communist party; the Federal government remained similar) => consequences for the further development – for example the deadlock of the parliament and the dissolution of Czechoslovakia into two states

On the other hand, the federal and national parliaments were reconstructed (resignation of the most compromised figures and replacement through the co-optation of new members – Velvet revolution)

Political parties and their Political parties and their

relationship to the legislative relationship to the legislative

branch of governmentbranch of government Totalitarian system in Czechoslovakia was based on the

leading role of the Communist Party of Czechoslovakia (KSČ) – nation-wide membership + presence of the party in every aspect of the lives of the population.

REGIME CHANGE – with the active participation of the two aspects of the civil society: a) students; b) civic movement led by regime opponents CIVIC FORUM represented the umbrella organization

requiring primarily free elections FIRST ELECTIONS – 1990 - question of the electoral system

and registration of political parties, organization of free and fair election campaign as well as the elections themselves dealt with by the non-communist government for the first time

What to do with the What to do with the former regime‘s political former regime‘s political

parties???parties??? Two options: a) prohibit the Communis party from participating

in the elections; b) not to (moderate approach) – party isolated in the society anyway

Decision: In the constitution the leading role of the KSČ was abolished; It was prohibited by law to organize political parties at places of

employment or public institutions; Officials of the old regime were removed from the State

bureaucracy, police, courts, and other institutions; A lustration law was introduced; All political parties were required to re-register and pledge their

loyalty to democratic principles.

Free competition of Free competition of political parties, and the political parties, and the

electoral systemelectoral system Need for the new foundation of the political system

based on the principle of the free competition among the political parties => all the political parties strictly separated from the state + registration necessary (criteria for the parties: to accept democratic system + rules for free elections)

System of proportional representation in effect (problem of preferential votes and independent ballots)

The system of democratic political parties needed to be developed including their preparation for the elections (selection of candidates, running an election campaign, election program)

Assembling government and the Assembling government and the

problem of forming and govern in the problem of forming and govern in the

coalitioncoalition

First non-communist government created in 1989 after the civilian protests in the streets, but the real proper democratic government only after the 1990 election

Non of the elected parties = majority in the government => for the first time, the problem of the coalition governing must have been solved > necessity to arrive to the compromise agreements

Problem of the coalition governing = linked to the electoral system‘s nature: System of proportional representation (CZ) => fragmentation of political spectrum and necessity to form the coalition; on the other hand System of the simple majority usually encompass two main parties, both able to put together the majority government (take turns in power) – more effective

Parliament, government Parliament, government and the presidentand the president

In democratic systems – constant struggle for power, but dignified, civilized, and for the benefit of citizens and society

=> achieved through the system of so-called separation of powers, free media, free elections, constitutional protection of the rights and liberties of citizens, and other systems of checks and balances

Depends on the roles and relationship in all the institutions => the battle over constant parameters of democracy lead to the dissolution of the Czechoslovakia to the two independent states

Parliamentary Parliamentary democracydemocracy

Parliament – key oversight over the executive power

Challenges to the parliamentary democracy (and its maintenance) during the period of transition:

Radical transformation of the economy + the privatisation (mistakes)

The popular figure of the first president Vaclac Havel and attempts to confer him more powers

Unbalanced relationship between the parliament and the government in different phases of the immediate post-Soviet period

However, the parliamentary culture was slowly and more or less naturally developing =>CORRECT RELATIONSHIP BETWEEN THE GOVERNMENT AND THE PARLIAMENT SINCE 1990.

Parliament and the Parliament and the presidentpresident

The problem of the The problem of the credibility of te credibility of te

parliamentparliament

Very common phenomenon reflected in subsequent developments:

decline of voter‘s turnout (often problem of political parties that create high expectations that they cannot fulfil in the end)

Difficult for the parliament to get enough authority in the public‘s eyes

Changes in selected Changes in selected policy issuespolicy issues

Economic reform from centrally planned to the free market economy –

abolition of all institutions for central planning; free enterprises; privatisation, coupon privatisation, direct sale of enterprises); restitution of nationalised property; liberalisation and deregulation of economic activity

Legacy of the past (1990 – 1992 efforts of the Federal Assembly privatisation (small Restitution: laws to ensure that the

property is returned to its real owners; Lustration: laws to prevent important functionners of the communist regime to hold important services in new state and public administration; Abolition of the institutions and symbols of the old regime and Extra-judicial rehabilitation - the sentences from the unjust political trials of the previous regimes were thrown out and victims rehabilitated

Conclusion - timelineConclusion - timeline Before 1989 – communist regime => after its fall, there

is a need to reform the system of the political parties as well as a system of governance

The establishment of the system of governance suitable for the democratic sosciety brings about challenges and difficulties (dissolution in respect of the Czechoslovakia was a good way how to resolve these problems)

Issues of the economic reform and the legacy of the past (currently, the concept of transitional justice is one of these) must be brought about, discussed and solved in order to achieve a true democratic reform