Page:The Constitution of the Czechoslovak Republic.pdf/19

This page has been validated.

creating special administrative bodies for the counties (župy) and the districts (okresy) represents an effort to put this constitutional principle into practice. It is a bold step towards reorganizing public administration in a more democratic direction. The civic element thus participates in all political administration (interior) in the subordinate offices (ministries are an exception). This participation is particularly conspicuous in the organisation of the administrative Courts (contentieux a priori et a posteriori), where is it a matter of the protection of the rights and interests of citizens. The Czechoslovak Republic has in this way introduced for us a new kind of autonomy, giving even racial and religions minorities the opportunity of collaborating in the management of their own affairs, or indeed of settling the same themselves. Such collaboration or power of settlement will have a great importance for the solution of the problem of minorities generally (§ 133 of the Charter of the Constitution). We have often been asked whether we have not gone too far in our efforts at democratisation. It was necessary, however, to proceed energetically towards the reorganization of the administration as it was bequeathed to us by Austria. Much will depend on the maturity of our people which is now favourably influenced by the fact that all citizens may at last participate in the public administration.

The good quality of administration does not depend only on the good quality of juridical rules: in reality everything depends on the moral and intellectual qualities of those who are charged with the administration. Every state has to take measures which in this respect have a preventive or repressive effect. The most effective measure here is the duty imposed on a state official or on the State itself to make good any damage caused to a citizen through the illegal exercise of public power. In this regard our Republic has had in mind the examples especially of France and England, and has determined this question by special enactments, hoping thus to assure a just application of juridical rules for the benefit of all citizens generally and of minorities in particular. §§ 92 and 93 of the Constitutional Charter form the basis of these measures to which effect will be given as soon as conditions become normal again.

A special section (Part V) of the Charter of the Constitution is devoted to the so-called fundamental rights and liberties of citizens. The enumeration of them is much more comprehensive than is usual in Constitutional Charters and emphasis has been given to certain matters the importance of which was manifest in former Austria. Privileges derived from sex, birth or calling are not recognized; private ownership is inviolable, § 109 of the Charter declaring that private ownership may limited or abolished only by law, that is, not by any mere executive measure. All these rights guaranteed by the Constitution are protected,

17
2