Volební právo v první ČSR

Mgr. Jan Mercl

Diplomová práce

Election Law in the First Czechoslovak Republic

Anotace:

Diplomová práce se zabývá analýzou volebního práva v Československé republice v letech 1918 až 1938. V úvodu se zaměřuje na předchozí vývoj volebního práva za trvání Rakousko-Uherska. Následně popisuje proces vytváření československých volebních zákonů a ústavy. Stěžejní pozornost je věnována uspořádání volebního práva do dolní a horní komory Národního shromáždění a všem náležitostem nezbytným k realizaci voleb. Značný význam náleží rovněž úpravě prvorepublikového volebního práva do obecních zastupitelstev. V závěru je pak pojednána otázka volebního práva do zemských a okresních zastupitelstev, přičemž krátce je zmíněna také nerealizovaná regulace župních zastupitelstev.

Abstract:

This diploma thesis deals with a complete analysis of suffrage in Czechoslovakia between the years 1918 – 1938. The reason for choosing such topic is grounded in a fact that the question of suffrage is very live and discussed topic even in present time. Since the current configuration of suffrage in the Czech Republic is similar to suffrage in the time of so called “Czechoslovakian First Republic” in many aspects, such evaluation of its configuration at that time and related advantages and disadvantages can help to better understanding of pros and cons of the current Czech election system. Thus we can learn from the past mistakes and detect more easily how to improve our suffrage in order to have the ability to achieve more stable government which would be ready to take actions. Before the respective analysis of Czechoslovakian suffrage, I was succinctly dealing with electoral law development in Austria, or later, in the Austro-Hungarian Empire. Thus, in the introductory part, I have summarised the Czech political representation efforts to establish a constitution and their following fight for equalization of the Czech nation which gradually grown into the pursuit to establish the universal equal suffrage. This was achieved in 1907, however only on the level of Imperial Council (Reichsrat). The representatives of countries, counties and municipalities were still voted according to Curia system until the dissolution of Austro-Hungarian Empire. The year 1918 brought a radical change not only in the history of our nation, but also in the history of Czech suffrage. In the following year, a statute about election to municipalities was passed. This event established the system of proportional representation according to which each party received such quantity of mandates that corresponded with achieved share of the total number of votes. This principle was applied also in suffrage into National Assembly, which was founded in February 1920 when the activity of so called Revolution National Assembly culminated in issuing Czechoslovak Constitution and the laws regulating elections into lower and upper chambers of parliament. The main dwell is put upon the question of voting to parliament, which represented an authority impersonating will of Czech nation, therefore the highest legislative power belonged to it. The National Assembly consisted of 450 representatives, 300 hundred of which were members of parliament and the rest were senators. The electoral term used to be six years as far as The Chamber of Deputies was concerned and eight years for senate; on the contrary, the elections to the both chambers always took place together. According to the municipality suffrage, one had to be 21 years old in order to achieve active suffrage (26 years for senate) in combination of having at least 3 months long permanent residence in one of the municipalities in the Czech Republic. To have active suffrage to the Chamber of Deputies, one had to be at least 30 years old and to have Czech citizenship for 3 years at least. For a membership in senate, the applicant had to be 45 years old at least and a Czech citizen for minimal ten years. The following chapters cover the matter of registration to electoral roll, which was a necessary condition for participation in elections. Furthermore the slate was described as well. I have also analysed the process of elections and related activities including methods of consequential division of mandates. It is worth noticing that allocation of mandates to the respective parties was executed in three circles (scrutiny), the first one was done according to Hare’s quote, the second was done by Hagenbach-Bischoff method. The rest of the mandates were entrusted to the parties with the most excess of votes from the second scrutiny. In the mechanism of election court functioning, I dealt with the principle of mandates ownership by parties which resulted in deprivation of a mandate in case the deputy voted differ

Abstract:

ently than the party he/she was a member of. This policy, together with the principle of strict committed slate, was a basic foundation of parties’ enormous power, which was typical for political relations of that time. The matter of rights and obligations of deputies is analysed in the chapter covering legal capacity of the National assembly members. The detached paragraph is dealing with senate competences and its position to the Chamber of Deputy. Apart from the description o suffrage to parliament and its particulars, I have also focused on its later development to which I involved a passage dealing with unviable suggestions of changing election system. The reason for changes was a fact that proportional representation provided opportunity to represent all ethnic minorities on one side, but on the other hand, the created defragmentation of political spectre complicated the option to create stable government. Thus the biggest parties were not quite successfully trying to apply quorum that would restrict the access of small parties to parliament. The significant landmark was the year 1927 when the right to vote was cancelled for soldiers and policemen/policewomen. The important part of my thesis consists of already mentioned municipality suffrage. Its principles were similar to those which were applied in parliament suffrage. In 1920’s the election period was risen from the original 3 years to 4 and it was extended to 6 years in 1930’s. The biggest parties were also trying to adjust local elections by setting up quorum slowly. The end of the thesis covers the canton suffrage, the establishment of which was expected in 1920 however they have never been put into practice. Instead of them were re-established countries in 1927, which, as well as cantons, were further divided into districts. The most significant differences between cantons and countries were in different determination of active suffrage. While it was enough to be 21 years old to candidate in canton elections, it had to be 24 years for country elections. Furthermore the voters were allowed to decide the occupancy of 2/3 board of representatives in country elections and the rest would be chosen by the government.

Klíčová slova

volební právo, aktivní volební právo, pasivní volební právo, systém poměrného zastoupení, suffrage, active suffrage, passive suffrage, proportional representation

Jazyk práce: čeština

Datum vytvoření / odevzdání či podání práce: 26. 1. 2009

Obhajoba závěrečné práce

• Obhajoba proběhla 19. 5. 2009
• Vedoucí: doc. JUDr. Karel Schelle, CSc.

Masarykova univerzita

Právnická fakulta

Magisterský studijní program / obor:
Právo a právní věda / Právo