Although in our countries dates back to the tradition of constitutional judiciary already in 1920, between the years 1938-1991 in our Constitutional Court has in fact existed. To restore the tradition was to constitutional law no. 91/1991 Coll., On the Constitutional Court of the Czech and Slovak Federal Republic. In February 2017, therefore, we are celebrating 25 years of renewed constitutional justice in the Czech Republic, respectively ČSFR.
Although the Czech Constitutional Court is not part of the court system for civil matters, criminal and administrative (according to Art. 91), in terms of the classic separation of powers to the judiciary certainly they belong. But within it has a very unusual, autonomous and to a certain extent a superior position.
The Constitutional Court is empowered to examine – as well as the courts under Article. 91 should be regarded as public authorities, both of them speak Constitution (Art. 87) – as well as their decisions (including decisions of the Supreme Court and Supreme Administrative Court), but “only “in terms of their constitutionality.
The court consists of fifteen Czech Constitutional Court judges appointed by the president with the consent of the Senate. For comparison let us mention that the Slovak Republic has 13 judges of the Constitutional Court, we should add that Slovak constitution after the formation of SR determined number of judges of the Constitutional Court on ten, the amendment in 2001 this number increased to thirteen.