Changes in the Constitutional Review of Legislation in Hungary Cover Image

Changes in the Constitutional Review of Legislation in Hungary
Changes in the Constitutional Review of Legislation in Hungary

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Author(s): István Stumpf, Csaba Erdös
Subject(s): History, Constitutional Law, Government/Political systems
Published by: Slezská univerzita v Opavě, Fakulta veřejných politik
Keywords: constitutional court; parliamentary law; unconstitutional amendment of constitution; national identity; constitutional identity

Summary/Abstract: The article presents the changes that had taken place in the relationship between the Parliament and the Constitutional Court through focusing on the development of the Constitutional Court’s competences, with particular attention to the review of constitutional amendments and constitutional control over the Parliament’s rules of procedure. We place special emphasis on summarizing those voices that had, from the very beginning, harshly criticized the fundamental rights activism of the Constitutional Court and laid the foundations for the political constitutionalism that has pervaded public life since the 2010 elections, as well as the ’public law revolution’ grounded in parliamentary sovereignty. This article further discusses new constitutional challenges, such as the joint responsibility of the Parliament and the Constitutional Court in safeguarding national sovereignty and constitutional identity, which opens a new dimension in the separation of powers.

  • Issue Year: 8/2020
  • Issue No: 1
  • Page Range: 27-46
  • Page Count: 20
  • Language: English