Regulation of special legal order in Hungary - Constitutional options in the shadow of the COVID crisis
Regulation of special legal order in Hungary - Constitutional options in the shadow of the COVID crisis

Summary/Abstract: States often try to find a way of dealing with social problems and crises by legal institutions. The regulations of special legal order occupy a unique place among the general constitutional rules of the Hungarian legal order. The need of introducing special legal order means that Hungary is in a situation which requires special legal instruments from the state in order to return to the normal operation of the country determined by the normal legal order as soon as possible. The fact that the freely elected legislative power, the National Assembly determines the content and form of the cases when a deviation becomes possible from the general rules is an important pillar of the stability of the democratic state. Based on the principle of proportionality, there are different types of special legal order, consequently the concentration of power is possible only when it is absolute necessary to deal with the situation. Finding the balance between efficiency and the risk of abuse is very important. So special legal order is always temporary and ultimate, which can be applied as an ultima ratio of the legislation in the times of need, but only if their every constitutional conditions are met. Potential threats change constantly, so the regulations of special legal order also need to be updated from time to time.

• Details
• Contents