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Similar to the basic rights chapters in other post-communist constitutions, this charter encompasses both negative and positive rights, but also draws on the characteristics of institutional guarantees (Elster et al. ). Its implementation was disputed between the governing coalition and the opposition. The Czech Prime Minister Václav Klaus allegedly compared the inclusion of the charter in the constitution to allowing weeds in a garden (Schmid et al. 1995, 35). Despite the at times fierce controversy in parliament, the draft constitution was confirmed on December 16, 1992 with 172 votes in favor, 16 against and 10 abstentions (Poslanecká sněmovna 1992).

35 of the constitution and, outside the framework of constitutionally prescribed procedure, establishes a procedure for this individual case that is completely different from what the Constitution presumes and requires” (Langášek 2009). This was done with reference to Art. 9, Sec. 2, and the court emphasized the fact that constitutional laws should not be used to solve governmental crises. On the other hand (and as will be discussed later on), a similar constitutional amendment had not been put in front of the constitutional court in 1998, in addition 4 Similar to Slovakia and Estonia (see the respective chapters in this book); however, while the constitution can only be changed by constitutional laws, not every constitutional law changed the text of the constitution.

Matthes, Claudia-Yvette. 1999. Polen und Ungarn – Parlamente im Systemwechsel. Opladen: Leske + Budrich. Millard, Frances. 1994. The anatomy of the new Poland: Post-communist politics in its first phase. Aldershot: Edward Elgar. Mohlek, Peter. 1993. Verfassung der Republik Polen vom 17. Oktober 1992. Eine Einführung. In Die Gesetzgebung der Staaten Osteuropas, ed. Dietrich Franzke, 1–50. Berlin: Berlin Verlag Arno Spitz. Olson, David M. 1993. Compartmentalized competition: The managed transitional election system of Poland.

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