| Ninth-of-May Constitution | |
|---|---|
| Created | 14 April 1948 (1948-04-14) |
| Ratified | 9 May 1948 (1948-05-09) |
| Date effective | 9 May 1948 (1948-05-09) |
| Repealed | 11 July 1960 (1960-07-11) |
| Author | Constituent National Assembly |
| Signatories | Government
|
| Purpose | To adoptpeople's democracy and replace1920 Constitution |
TheNinth-of-May (1948) Constitution (Czech:Ústava Československé republiky;Slovak:Ústava Československej republiky) was acommunist state constitution and the secondconstitution ofCzechoslovakia, in force from 1948 to 1960. It came into force on 9 May, shortly after thecommunist seizure of power in the country on 25 February 1948. It replaced the1920 Constitution.
Work on the new document had been underway since the summer of 1946. As a result, it was not a fullyCommunist constitution. It was superficially similar to its predecessor; indeed, several provisions were directly carried over from the earlier document. However, it contained a number of elements borrowed from the "Stalin Constitution" of theSoviet Union. The Soviet imprint on the final document was strong enough thatPresidentEdvard Beneš refused to sign it and later resigned. It was flagrantly violated by theCommunist Party of Czechoslovakia (KSČ), the government and many individuals throughout the period of its being in force, especially regarding the provisions onprivate ownership andhuman rights.
Since thecountry's liberation, there had been many disputes concerningnationalization, therelation of Czechs and Slovaks and other crucial issues. After the Communist take-over in February 1948, the Communist concept was largely applied. The constitution did not organize government administration under theLeninist principle ofdemocratic centralism (a provision only incorporated in the following "socialist"1960 Constitution of Czechoslovakia); indeed, it made no references to Communism or the KSČ. However, it did declare that Czechoslovakia had embarked on a "national and democratic revolution" that it intended to defend against "domestic and foreign reaction." It billed the1948 coup d'etat as a defense of "the People's Democratic Order."
The constitution proclaimed Czechoslovakia a "people's democratic state" in which the people were "the sole source of all power." It declared that the economy of Czechoslovakia was based onnationalized industries, nationalized trade and a nationalizedfinancial sector. The government sector was declared the basis of the economy, but it protected theprivate sector andcooperatives as well. It also granted a small degree of autonomy toSlovakia, which was given its own legislative body and governmental structure, although these were made subordinate to the central authorities in Prague. The parliament continued to be called the National Assembly, though the Senate was abolished.
Unlike most Communist constitutions, the Ninth-of-May Constitution did not replace thepresidency with a collective body. It also afforded protections againstarbitrary arrest; no one could be taken into custody without awarrant. On the other hand, the provisions enshriningcivil rights were effectively neutered by a provision that forbade their use in order to make "statements and acts that constitute a threat to the independence, entirety, and unity of the State, the Constitution, theRepublican form of government, or the People's Democratic Order" and allowed their restriction "when events occur that threaten in increased measure the independence, entirety, and unity of the State, the Constitution, the Republican form of government, and the People's Democratic Order, or publiclaw and order." The constitutional guarantee ofpress freedom was rendered meaningless by provisions making movies and broadcastingstate monopolies and giving the government sole power to decide who could publish periodicals. Judges were required to abide by both laws and government ordinances, thus taking awayjudges' right to strike down executive actions that did not accord with statutes.[1]
This article incorporates text from this source, which is in thepublic domain. Country Studies.Federal Research Division.
