Lunch seminar with Andrea Prochazkova
The Czech Constitutional Court as an Agent of Social Change?
For some time, there has been a broadly accepted consensus among scholars that constitutional courts are political actors. This is not surprising, and it is generally accepted as a fact. However still today numerous questions remain unanswered, and the academic discussion should not end there. For instance, to what extent and under what conditions can constitutional courts—often described as the most influential and critical institutions for liberal democracy—be utilized to effect political and social change? What constraints operate on them? And which factors are crucial in this context, and why? These questions are essential for understanding the role of constitutional courts in the European legal culture.
My research focuses on the Czech Constitutional Court ("CCC"), which serves as a representative of the relatively young and politically resilient constitutional courts in Eastern Europe. In the last decade in particular, both political and non-political groups have brought numerous important issues and reforms before the court. In my view, these "new" institutions have the potential to exert substantial influence on social change, if they choose to do so. However, this does not necessarily mean that real change follows even after a landmark decision is rendered. In examining the role of the CCC, I am neither praising nor criticizing its approach, nor am I assessing whether it is overly activist or excessively self-restrained. My aim is to analyse the extent to which the CCC has contributed, and whether it can continue to contribute, to liberal change in Czech society, and to formulate a theory of how a constitutional court can function as an agent of social change.
The dissertation is centered around two primary areas. First, I hypothesize that the CCC tends to adopt a more activist stance in judicial review when other branches of government have failed to act. In this context, I aim to explore the relationship between the judiciary and other branches of political power, and to link the CCC's interventions to public support for the issues at hand. The second aspect of my research focuses primarily on constitutional complaints that have led to significant or even landmark decisions by the CCC, and whether these decisions have helped to change the reality of the issues they addressed. Examining the protection of individual rights not only sheds light on how certain activist movements and groups use the CCC as a tool for change and assess their success, but also provides insights into the effectiveness of the courts in generating nationwide change.
Speaker bio
Andrea Procházková is a PhD candidate specialising in constitutional law at the Faculty of Law, Charles University in Prague. Her academic work is complemented by her role as a lecturer, where she teaches political science, constitutional law and a specialised skills course focusing on lawyers' interaction with the media. Her doctoral research focuses on elucidating the function of the Constitutional Court of the Czech Republic as an agent of social change. Specifically, she examines the judicial strategies used in reviewing legislative enactments in order to delineate the Court's influence within the socio-political landscape.
Andrea's scholarship has consistently explored the nexus between law and politics, with a particular focus on the operation of constitutional courts in different political contexts. Her publications offer insights into the evolving dynamics between the judiciary and political actors.
In addition to her academic role, Andrea is also an journalist with a focus on reporting on judicial issues and political developments in the Czech Republic.
Meeting ID: 681 0872 1439
Passcode: 153366