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Journal articles on the topic 'Hungary. Constitution'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

de Raadt, Jasper. "Contested Constitutions." East European Politics and Societies: and Cultures 23, no. 3 (2009): 315–38. http://dx.doi.org/10.1177/0888325409333192.

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What were the effects of constitution-making procedures on the acceptance of the new “rules of the political game” in postcommunist Central Europe? This article sets out to scrutinise the increasingly popular claim among politicians and scholars of democratisation that inclusiveness and popular involvement in constitution-making processes enhance a constitution's legitimacy. The concept of constitutional conflict, referring to political contestation over the interpretation and application of constitutional relations among state institutions, is introduced as a way to assess constitutional acce

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Drinóczi, Tímea. "Hungarian Constitutional Court: The Limits of EU Law in the Hungarian Legal System." ICL Journal 11, no. 1 (2017): 139–51. http://dx.doi.org/10.1515/icl-2017-0010.

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Abstract The Constitutional Court declared in its ruling 22/2016 (XII 5) that by exercising its competences, it can examine whether the joint exercise of competences under Article E) (2) of the Fundamental Law of Hungary infringes human dignity, other fundamental rights, the sovereignty of Hungary, or Hungary’s self-identity based on its historical constitution.

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Lu, Da. "The First Written Communist Constitutions in China and Hungary and the Influence of the 1936 Soviet Constitution: A Comparative Perspective." Hungarian Journal of Legal Studies 60, no. 2 (2019): 209–25. http://dx.doi.org/10.1556/2052.2019.00013.

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AbstractFollowing World War II, a series of Conferences were held among the great powers. Hungary, along with its neighboring countries, had to join the socialist bloc and transformed itself into a socialist system. The Communist Party adopted the communist Constitution as soon as they won the parliamentary election. In the Far East, the Chinese Communist Party also promulgated its Constitution after the first election of the National People’s Republic. In this article, the author will firstly examine how the Constitution adopted between China and Hungary followed by a comparative analysis of

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Szabó, Zsolt. "Missed Constitutional Moments and Real Constitutional Conflicts in Hungary 1989 v. 2011." Przegląd Prawa Konstytucyjnego 70, no. 6 (2022): 477–86. http://dx.doi.org/10.15804/ppk.2022.06.35.

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This paper, examining the Hungarian example argues that that the price is high if a constitutional moment to adopt a constitution based on wide societal compromise has been missed. The constitution-making process might then be completed either by activist courts or by activist political forces. Hungary experienced two major constitutional reforms, both missing a consensual constitutional momentum. The first transformation in 1989–90, which replaced the socialist authoritarian system by democracy, was brought about by political elites, lacking democratic legitimacy, keeping the formal legal fra

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Mohay, Ágoston, and Norbert Tóth. "Decision 22/2016. (XII. 5.) AB on the Interpretation of Article E)(2) of the Fundamental Law." American Journal of International Law 111, no. 2 (2017): 468–75. http://dx.doi.org/10.1017/ajil.2017.32.

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In a case of first impression, the Constitutional Court of Hungary (CCH or Court) ruled on November 30, 2016 that, in exceptional cases, it is competent to consider whether Hungary's obligations to the European Union (EU) violate fundamental individual rights (including human dignity) or Hungarian sovereignty as protected by the Hungarian Constitution. The decision places Hungary squarely within the growing group of EU member states whose constitutional courts have decided that, despite the decisions of the European Court of Justice regarding the primacy of EU law, EU member states are not com

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Krizsán, Bálint. "Derült égből villámcsapás." Belvedere Meridionale 35, no. 3 (2023): 32–44. http://dx.doi.org/10.14232/belv.2023.3.3.

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The Hungarian conservatives were struck by the promulgation of the Imperial Constitution of 4th March 1849 out of the blue. Although it ensured constitutionalism, individual political rights and the equality of nations, the highly centralised nature of the constitution’s proclamation meant that Hungary’s privileges within the empire were largely abolished and the country was reduced to the level of a province. The constitution was never introduced in Hungary, and its provisions were only intended to be put into effect after the revolution had been crushed as soon as possible. The state of sieg

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de Raadt, Jasper. "Contestable constitutions: Ambiguity, conflict, and change in East Central European dual executive systems." Communist and Post-Communist Studies 42, no. 1 (2009): 83–101. http://dx.doi.org/10.1016/j.postcomstud.2009.02.003.

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This article investigates how ambiguous constitutional design affected president–cabinet relations and constitutional change in post-communist Poland and Hungary. Constitutional provisions related to the prerogatives of presidents and governments were frequently subject to political conflict during the 1990s. The power struggle in the two cases developed and consolidated along two distinct pathways. In Poland, failed attempts to modify the constitution initially stirred up and extended intra-executive conflicts. With the adoption of a new constitution in 1997 the struggle over power between pr

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Jakab, András, and Pál Sonnevend. "Continuity with Deficiencies: The New Basic Law of Hungary." European Constitutional Law Review 9, no. 1 (2013): 102–38. http://dx.doi.org/10.1017/s1574019612001058.

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Hungarian constitutional law – New Basic Law – Continuity with the previous democratic Constitution – Vision of the political community embedded in the new Basic Law – The level of protection of fundamental rights – Continuity and lack of foreseeability in the organisation of the state – European legal procedures against or about Hungary – The life prospects of the new Basic Law – Danger of constitutional crisis whenever the government does not hold a constitution-amending majority

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Parkhomenko, N. M. "Certain aspects of constitutional regulation of the right to entrepreneurial activity in Poland, Romania, Slovakia, Hungary and Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 79 (2023): 155–59. http://dx.doi.org/10.24144/2307-3322.2023.79.1.26.

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The article contains a comparative analysis of constitutional regulation of the right to entrepreneurial activity in Poland, Romania, Slovakia and Hungary in part of general enshrinement of this right and foundations of state protection of competition within entrepreneurial activities, determination of common trends of such regulation and its comparison with Ukrainian one. The comparative analysis indicates that in all the examined foreign countries (Poland, Romania, Slovakia, and Hungary) the right to entrepreneurial activity is directly constitutionalized. Although the ways of its ensh

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Rishan, Idul. "Otokratik Perubahan Konstitusi: Perbandingan di Hungaria dan Risiko Perubahan Formal Undang-Undang Dasar." Jurnal Konstitusi 22, no. 1 (2025): 001–19. https://doi.org/10.31078/jk2211.

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The current trend of autocratic legalism has diversified at the level of constitutional change. Constitutional change, which was previously understood as an instrument of democratic countries to uphold protection for human rights, is now used to legitimise anti-democratic policies. Hungary is one example of the perfect practice of autocratic constitutional change. This study aims to obtain three things: first, to assess the autocratic constitutional change that occurred in Hungary. Second, the risks that can arise from the mechanism of formal changes to the Constitution, and third, to provide

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Vaičaitis, Vaidotas A. "The Multi-Stage Adoption of the 1992 Lithuanian Constitution in Comparative Perspective and Some Constitutional Paradoxes." Journal of the University of Latvia. Law 16 (October 16, 2023): 7–17. http://dx.doi.org/10.22364/jull.16.01.

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This article is the first attempt to analyse the Constitution of the Republic of Lithuania of 1992 from the perspective of the comparative concept of multi-stage constitution-making. The article consists of three parts: the first two explain, why the 1992 Lithuanian Constitution is not only a result of the 1989–1992 political and legal events in the country, but also bears some conceptual similarities in the latter legal steps with those of 1918–1922. From a comparative perspective, we can see that the multi-stage constitution-making in Lithuania (as well as other Baltic states) in the late 19

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Schanda, Balázs. "Hungary’s Christian Culture as Subject of Constitutional Protection." Studia z Prawa Wyznaniowego 23 (December 30, 2020): 55–72. http://dx.doi.org/10.31743/spw.9696.

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Since 2018 the Fundamental Law of Hungary (the Constitution) has provided for the protection of the Christian culture of Hungary as an obligation of all organs of the State. The Fundamental Law does not commit the Hungarian State to Christian religion or to Christian culture in general, but specifically to the cultural tradition of the country. Despite the recognition of the cultural role of Christianity, the Constitution remains neutral with regard to religion and the freedom of religion is recognised. The constitutional provision discussed in this study, i.e. Article R) para. 4, expressly id

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Schweitzer, Gábor. "Az új közjogi irány." DÍKÉ 8, no. 1-2 (2025): 247–59. https://doi.org/10.15170/dike.2024.08.01-02.08.

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The National Socialist Party came to power in Germany in 1933. After that, Germany’s constitutional system was reformed based on the principles of National Socialism. The representatives of Hungarian constitutional law at the time showed an intense interest in the new totalitarian state systems, including Nazi Germany’s so-called new direction of public law. In the examined period, mainly the studies of István Egyed, professor of public law at the Technical University of Budapest, István Csekey, professor of public law at the University of Szeged, and Béla Török, clerk of the royal court, main

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Petrétei, József, and Kristóf Petrétei. "On the constitutional regulation of the accession clause of Hungary to the European Union." Constitutional and legal academic studies, no. 1 (October 15, 2023): 39–53. http://dx.doi.org/10.24144/2663-5399.2023.1.06.

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The accession of Hungary to the European Union brought unprecedented challenges from the viewpoint of constitutional law. The level of regulation and the possible content of the Europe clause gave rise to interesting debates. This article aims to shed light on the constitutional legal background of the accession of Hungary to the European Union, as well as the actual steps that were necessary to make the accession happen in accordance with the stipulations of the Constitution at the time. The emergence of the necessity of the accession clause, as well as the necessary constitutional amendment

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Drinóczi, Tímea. "Constitutional Identity in Europe: The Identity of the Constitution. A Regional Approach." German Law Journal 21, no. 2 (2020): 105–30. http://dx.doi.org/10.1017/glj.2020.1.

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AbstractThe issue of “constitutional identity” is a topic the relevance of which emerges in contemporary constitutional democracies in the context of constitutional changes. It has already attracted multilayered approaches, but its legal conceptualization is still underexposed. Based on regional European jurisprudence and doctrinal works, “constitutional identity” in a legal context is suggested to be viewed as the “identity of the constitution.” The identity of the constitution is found among provisions of constitutional texts and related jurisprudence that specifically and exclusively featur

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Biró, Zsófia. "Foundations of the Uncodified Historical Constitution of Hungary." Studia Iuridica 80 (September 17, 2019): 39–58. http://dx.doi.org/10.5604/01.3001.0013.4782.

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The article examines the evolution of the Hungarian Public and Constitutional Law from 1301 until the Austro-Hungarian compromise in 1867. The topic is highly relevant, because the year 2017 marked the 330th anniversary of the 1st and 2nd Act of 1687, which state that the Habsburgs are the only and true heirs of the Hungarian throne; it also marked the 150th anniversary of the Austro-Hungarian Compromise. Furthermore the current Fundamental Law says that “We honour the achievements of our historical constitution and we honour the Holy Crown, which embodies the constitutional continuity of Hung

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Spuller, Gábor. "Transformation of the Hungarian Constitutional Court: Tradition, Revolution, and (European) Prospects." German Law Journal 15, no. 4 (2014): 637–92. http://dx.doi.org/10.1017/s2071832200019076.

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The new Constitution and the new Act are changing the status of the Hungarian Constitutional Court by developing the Hungarian constitutional tradition, creating better collaboration between the Constitutional Court and the ordinary judiciary, and establishing an effective instrument for the protection of individual human rights. But the pattern of the Parliament reacting to the rulings of the Constitutional Court with constitutional amendments reduces the competences of the Constitutional Court. It is to be hoped that this process is coming to an end, because otherwise the achievement of the

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Halmai, Gábor. "Rights Revolution and Counter-Revolution: Democratic Backsliding and Human Rights in Hungary." Law & Ethics of Human Rights 14, no. 1 (2020): 97–123. http://dx.doi.org/10.1515/lehr-2020-2013.

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AbstractThe Article discusses the democratic backsliding after 2010 in Hungary, and how it affected the state of human rights in the country, a Member State of the European Union. The main argument of the Article is that paradoxically the non-legitimate 1989 constitution provided full-fledged protection of fundamental rights, while the procedurally legitimate 2011 constitution-making resulted in curtailment of rights and their constitutional guarantees. The Article first describes the democratic transition that occurred in 1989–1990 as a rights revolution and the results of the 2011 “illiberal

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Kim, Shinkyu. "Constitutional populism and court-curbing in Poland and Hungary." Korean Society for European Integration 15, no. 3 (2024): 303–30. https://doi.org/10.32625/kjei.2024.34.303.

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In this article, I examine how the populist regimes of Hungary and Poland have attacked the entire judiciary, including the Constitutional Court, and how they have used the judiciary as a tool of the regime after the successful attack. In Section 2, I examine how the PiS and Fidesz regimes have attacked the Constitutional Court and the judiciary. To this end, I distinguish between formal and informal methods of attacking the Constitutional Court and the judiciary, and define formal ‘court-curbing’ as capturing the judiciary through the Constitution and law with ‘court-packing’. In addition, in

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Anghel, Veronica, and Erik Jones. "What Went Wrong In Hungary." Journal of Democracy 35, no. 2 (2024): 52–64. http://dx.doi.org/10.1353/jod.2024.a922833.

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Abstract: Why did Hungarian democracy have a harder time developing and rooting itself than democracy in other countries? The answer lies in the overlapping institutions and incentives that create democratic resilience. Hungary's political elites never finished their constitutional transition from communism to democracy by agreeing on a new democratic constitution. The 1998 elections polarized Hungarian politics around competing conceptions of democracy in ways that made it hard to reach consensus on a shared constitutional arrangement. Viktor Orbán and his Fidesz party rose to power in the la

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Gárdos-Orosz, Fruzsina. "The reference to constitutional traditions in populist constitutionalism – The case of Hungary." Hungarian Journal of Legal Studies 61, no. 1 (2021): 23–51. http://dx.doi.org/10.1556/2052.2021.00298.

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AbstractThe paper aims to highlight the nature and the relevance of the reference to constitutional traditions in the building of populist constitutionalism, with special regard to the Hungarian case. In Hungary the goals and effects of this reference – especially the references to the achievements of the historical constitution – must be discussed at the level of the constitutional text and with regard to the formation of the new constitutional jurisprudence and, furthermore, to the creation of the constitutional identity. Outstanding political theories have been built about the elements of n

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Smuk, Peter. "The Concept of the Nation in the Fundamental Law of Hungary." Politeja 12, no. 8 (31/2) (2015): 93–110. http://dx.doi.org/10.12797/politeja.12.2015.31_2.07.

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The paper introduces the national aspects of the new Hungarian constitution. We find direct references to the “Hungarian nation” in the text of the Fundamental Law of Hungary, and these references reveal the concept of the nation of the constitution‑making political majority. This concept is rather controversial and is widely debated in political and also in scientific discussions. I examine the problematic issues around the concept of the nation, which are the following: Is the concept of the nation clear? Does it imply the “cultural” or the “political”/“democratic” notion of the nation? What

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Drinóczi, Tímea, and Agnieszka Bień-Kacała. "Illiberal Constitutionalism: The Case of Hungary and Poland." German Law Journal 20, no. 8 (2019): 1140–66. http://dx.doi.org/10.1017/glj.2019.83.

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AbstractThis Article argues that, as far as Hungary and Poland are concerned, the use of term “illiberal constitutionalism” is justified. It also claims that, without denying that other states could also be considered illiberal democracies, Hungary and Poland display unique and distinctive features. These features include populist politics, which lead to the relativization of the rule of law and democracy principles, and human rights protection, which captured the constitution and constitutionalism by constitutionalizing populist nationalism, constitutional identity, and created new patrionali

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Halmai, Gábor. "The reform of constitutional law in Hungary after the transition." Legal Studies 18, no. 2 (1998): 188–96. http://dx.doi.org/10.1111/j.1748-121x.1998.tb00012.x.

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In Hungary, a comprehensive amendment to the 1949 Constitution took effect on 23 October 1989. According to the new preamble of the considerably amended Constitution, the revision was needed ‘in order to promote the peaceful political transition into the rule of law realizing the multiparty system, parliamentary democracy and social market economy’. This amendment changed not only the state organisation, but also the regulation of human rights.The intention of distancing itself from the historical period of the past 40 years is expressed in para 1 of the amended Constitution, which proclaims t

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Kruzslicz, Péter Pál. "History by and for a National Constitution: The Example of the Hungarian Fundamental Law." Law, Identity and Values 3, no. 1 (2023): 145–58. http://dx.doi.org/10.55073/2023.1.145-158.

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The Fundamental Law of Hungary can serve as a very particular, even though not exceptional, especially in Central European region, example for studying the relationship between history and constitution. With two recent events, this study highlights the timely interest for that matter in Hungarian constitutional law. Also, from the beginning, it renders that history and constitutionalism are closely linked in many aspects, already by the definition of constitutional law. In order to be able to analyse in a very complex Hungarian constitutional context the role of history, first, a methodologica

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Grabowski, Radosław, and Ivan Halász. "Ewolucja węgierskiego modelu zarządzania sądownictwem i samorządu sędziowskiego na Węgrzech w latach 1989–2019." Przegląd Prawa i Administracji 119 (January 20, 2020): 171–80. http://dx.doi.org/10.19195/0137-1134.119.17.

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THE EVOLUTION OF THE HUNGARIAN MODEL OF JUDICIAL MANAGEMENT AND JUDICIAL SELF-GOVERNMENT IN HUNGARY IN THE YEARS 1989–2019The Hungarian constitutional system after 1989 was initially subject to evolutionary changes. The previously binding constitution was only amended, although in most countries of the region the new constitutions created new system concepts. This also concerned the organisation of the judiciary, which in Hungary for a long time remained under the influence of the doctrine formed in the time of the socialist state. Significant corrections in this respect did not take place unt

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Vincze, Attila. "Shaping Presidential Powers in Hungary: Convention, Tradition and Informal Constitutional Amendments." Review of Central and East European Law 46, no. 3-4 (2021): 307–20. http://dx.doi.org/10.1163/15730352-bja10057.

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Abstract There was no tradition of a republican president in Hungary before the fall of communism, and the transitory constitution of 1989 was unclear about the exact role the President should play in the constitutional system of Hungary. Some provisions even resembled those of presidential or semi-presidential systems; some ambiguities were clarified during the first two decades after the transition. Conventions, however, were established to some extent and sometimes very quickly. This period gave rise to guidelines as to how the powers of the President should be exercised. Some other powers

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Fazakas, József Zoltán. "The ‘Fertile Source’ of Hungarian Constitutional Law: Thoughts on the 800-Year-Old Golden Bull." Acta Universitatis Sapientiae, Legal Studies 11, no. 2 (2022): 125–38. https://doi.org/10.47745/ausleg.2022.11.2.08.

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In the year 2022, Hungary had the opportunity for a double celebration on the occasion of the tenth anniversary of the entry into force of the Fundamental Law and the eight hundredth anniversary of the Golden Bull issued by Andrew II. Eight hundred years ago, the Golden Bull, as one of the roots of the Hungarian historical constitution, formulated answers to certain questions of constitutional importance, which later proved to be suitable for the interpretation of power in Hungary as bound by law. In the context of constitutional law, the Golden Bull was one of the most important fundamental b

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Смирнов, В. А. "Теория «живой конституции» в современном конституционализме". СОВРЕМЕННОЕ ПРАВО, № 2 (3 березня 2022): 98–107. https://doi.org/10.25799/ni.2022.77.38.015.

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В статье проведено сравнительное исследование теории «живой конституции» как одного из учений о сущности конституции, используемого в российской и зарубежной науке конституционного права, а также в конституционно-правовой практике (в том числе в деятельности судебных органов конституционного контроля) государств, принадлежащих к различным правовым семьям: США, Канады, Индии, ФРГ, Венгрии, Польши, Российской Федерации, Украины, Хорватии. Установлено, что данная теория получила всеобщее признание, независимо от характеристик правовых систем государств и моделей организации конституционного контр

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Halmai, Gábor. "Illiberal Constitutionalization and Scholarly Resistance: The Cases of Israel and Hungary." Journal of Illiberalism Studies 4, no. 1 (2024): 33–43. http://dx.doi.org/10.53483/xcou3566.

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This paper explores the role of constitutional scholars in resisting illiberal constitutionalization attempts or combating existing illiberal constitutional systems. I use Israel as a case study for the former and Hungary for the latter scenario. In Israel, following the initiation of a judicial reform by the new government of Benjamin Netanyahu in early 2023, supported by far-right nationalist and ultra-Orthodox parties with the aim of dismantling the separation of powers and establishing an unbound executive, constitutional scholars, alongside street protesters, voiced their opposition to il

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Montgomery, Kathleen A., and Gabriella Ilonszki. "Stuck in the Basement: A Pathway Case Analysis of Female Recruitment in Hungary's 2010 National Assembly Elections." Politics & Gender 12, no. 04 (2016): 700–726. http://dx.doi.org/10.1017/s1743923x1600012x.

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Women's legislative underrepresentation has emerged as perhaps the most stable feature of the postcommunist Hungarian political system, resisting Europeanization, changes in the electoral and party systems, and a new constitution. Early research on the decline in women's access to power in postcommunist transitional democracies focused on common legacies of communist rule, but those legacies cannot account for widening disparities in women's representation across the region over time or the persistent underrepresentation of women in Hungary. Using a pathway case analysis of Hungary's 2010 parl

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Mukherjee, Gaurav. "Shaping Sovereignties: The Role of International Financial Institutions in Constitution-Making." AJIL Unbound 117 (2023): 251–56. http://dx.doi.org/10.1017/aju.2023.42.

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How do international financial institutions such as the World Bank and the International Monetary Fund influence constitution-making processes? In this essay on Anna Saunders's “Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance,” I argue that the material dimensions of constitution-making are profoundly influenced by the discursive environment that institutions like the World Bank help create for political elites. I show how these institutions operate in opaque ways that are difficult to capture in the results of that constitutional process but ser

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Schweitzer, Gábor. "Összeegyeztethető-e a köztársasági államforma a történeti alkotmánnyal?" DÍKÉ 6, no. 2 (2023): 31–39. http://dx.doi.org/10.15170/dike.2022.06.02.04.

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István Csekey’s (1889–1963) lecture on the Constitution of the Republic of Hungary (1947) has survived as a manuscript. The internationally renowned representative of 20th century Hungarian public law, besides presenting the basic republican institutions of public law, pointed out that there was not (yet) a radical break in all areas compared to the constitutional conception of the past period. In the area of formalities, there is a certain consistency between the past and the present, which makes even the republican form of government compatible with the construction of the historical constit

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Margittay-Mészáros, Árpád. "The Constitutionality of International Treaties in the Hungarian Legal System." Gubernaculum et Administratio 28, no. 2 (2023): 79–94. http://dx.doi.org/10.16926/gea.2023.02.06.

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The purpose of this study is to provide a historical overview of the relationship between International Law and Hungarian Domestic Law and to present the constitutional regulation. In Hungary, the currently effective regulation follows the same dualist practice with respect to international treaties as it once did during the period of the historical constitution. However, Hungarian Domestic Law inevitably continues to present this day the problems that arise from the lack of regulations in the period following the historical constitution, and then from contradictory regulations. The study cove

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Drinóczi, Tímea. "The Unfolding Illiberalism in Hungary." Review of Central and East European Law 47, no. 3-4 (2022): 352–80. http://dx.doi.org/10.1163/15730352-bja10071.

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Abstract The emerging literature on illiberalisms offers a framework for detecting whether or not a special Hungarian illiberalism has been unfolding. Over the last 12 years, Hungary’s former liberal constitutionalist nature has been changed to illiberal constitutionalism. This transformation of the constitutional system recently culminated with the fourth consecutive electoral victory of Viktor Orbán in April 2022. Nevertheless, the possible ideological nature of Orbán’s regime has been understudied so far. Drawing on some newly published literature on illiberalisms, I claim that changes in e

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Bakó, Beáta. "Governing Without Being in Power? Controversial Promises for a New Transition to the Rule of Law in Hungary." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 82, no. 1 (2022): 223–54. http://dx.doi.org/10.17104/0044-2348-2022-1-223.

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After 12 years of the governance of the national-conservative Fidesz in Hungary, from 2020 on, there seemed to be a real chance that the united opposition would win the election in Spring 2022. But even if the current opposition governs, either from 2022 or later it will face serious problems about really being in power, as Fidesz cemented all significant rules, institutions and positions into the constitution and cardinal laws. These can only be amended with a two-thirds majority in parliament, and it is very unlikely that the opposition could win such a large majority. A unique situation is

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Pogány, István. "The Crisis of Democracy in East Central Europe: The New Constitutionalism in Hungary." European Public Law 19, Issue 2 (2013): 341–67. http://dx.doi.org/10.54648/euro2013021.

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'Above all, being a democrat means not being afraid; not being afraid of people with different opinions, different mother tongues, or people from different races…not being afraid of all those imaginary fears which are only made real by our fear of them.' István Bibó, The Misery of the Small States of Eastern Europe (1946) Drawing on the work of the twentieth century Hungarian political scientist, István Bibó, this article offers a critical examination of Hungary's new Constitution, or Fundamental Law, which entered into force in January 2012. Hungary's Fundamental Law and various associated le

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Czyż, Anna. "Stany nadzwyczajne w konstytucji Węgier z 2011 r. a praktyka ich stosowania." Przegląd Prawa Konstytucyjnego 74, no. 4 (2023): 257–70. http://dx.doi.org/10.15804/ppk.2023.04.19.

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After Viktor Orbán came to power, a new constitution of Hungary was adopted in 2011, which includes a separate section devoted to the states of emergency. In this time a constitutional state of danger was introduced in Hungary in the face of the covid-19 pandemic in 2020 and the war in Ukraine in 2022, and in the case of the migration crisis in 2015, a state of crisis was introduced regulated by law. The aim of the article is to present the types of states of emergency in Hungary and the practice of their application during the rule of the Fidesz party based on the analysis of legal acts regul

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Hornyák, Zsófia, and Roland Lindt. "Liability rules protecting waste management in the light of the right to a healthy environment." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 18, no. 35 (2023): 31–48. http://dx.doi.org/10.21029/jael.2023.35.31.

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Some European countries use a complex system of liability to protect the environment through civil, criminal, and administrative law. The purpose of this work is to present and evaluate the constitutional background of the complex liability system protecting the order of waste management in Hungary, in addition to examining the constitutional provisions of three Western European countries – namely France, Spain and Germany – in relation to the topic. Paying particular attention to how the Constitution of the given country regulates the right to a healthy environment.

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SAJÓ, ANDRÁS. "Reading the Invisible Constitution: Judicial Review in Hungary." Oxford Journal of Legal Studies 15, no. 2 (1995): 253–67. http://dx.doi.org/10.1093/ojls/15.2.253.

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Tóth, Gábor Attila. "Legal preconditions for majoritarian democracy: The case of Hungary." Zeitschrift für Politik 68, no. 3 (2021): 307–22. http://dx.doi.org/10.5771/0044-3360-2021-3-307.

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The Constitution of Hungary promulgated in 2011 and officially called the Fundamental law thoroughly altered the Hungarian constitutional system. Scholars encounter difficulties when attempting to label the new system. While some typologies maintain that despite its illiberalism and populism the new system meets the formal criteria of legality and democracy, others insist that it represents an abuse of democratic constitutionalism. In what follows, I put two rival conceptions of democracy into the main focus to better understand the nature of the Hungarian constitutional system and the competi

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Prokopovych, Markian. "Scandal at the Opera: Politics, the Press, and the Public at the Inauguration of the Budapest Opera House in 1884." Austrian History Yearbook 44 (April 2013): 88–107. http://dx.doi.org/10.1017/s0067237813000088.

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On 2 January 2012, a mass demonstration took place in Budapest in front of the Opera House. The rally was the culminating event in a series of street protests that had shaken Hungary during the previous months when many inhabitants of the Hungarian capital, along with their co-nationals elsewhere, felt increasingly uneasy with the symbolic politics initiated by the government of Viktor Orbán and his center-right FIDESZ Party. In particular, the crowd that collected in front of what is still Hungary's most representative institution of culture, on the main boulevard Andrássy út, protested again

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Kelemen, Katalin. "The New Hungarian Constitution: Legal Critiques from Europe." Review of Central and East European Law 42, no. 1 (2017): 1–49. http://dx.doi.org/10.1163/15730352-04201001.

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Hungarian constitutional and legislative reforms have been in the spotlight since Hungary’s adoption of a new Fundamental Law, which entered into force on the first day of 2012. Europe’s two leading international organizations (the Council of Europe and the European Union) already issued an opinion about it the year before its entry into force, and they continued to closely follow Hungarian constitutional developments during ensuing years. The new Fundamental Law was followed by a series of new ‘cardinal laws’ and many controversial reforms. This article presents and discusses the opinions del

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Hamza, Gábor. "Az Amerikai Egyesült Államok (USA) alkotmányának sajátoságai." Belügyi Szemle 72, no. 8 (2024): 1335–54. http://dx.doi.org/10.38146/bsz-ajia.2024.v72.i8.pp1335-1354.

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Aim: The aim of this study is to review the specific features of the Constitution of the United States of America, in view of the historical circumstances of its creation, and its topicality. The author stresses that the US Constitution and its interpretation have changed in the light of changing economic, political and social circumstances. Methodology: The author of the study has used the historical and comparative method in writing the paper. It has been considered how and to what extent this constitution has been and is being taken into account today outside the United States, particularly

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Hamza, Gábor. "Characteristic Features of the Constitution of the United States of America." Belügyi Szemle 72, no. 8 (2024): 1495–512. http://dx.doi.org/10.38146/bsz-ajia.2024.v72.i8.pp1495-1512.

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Aim: The aim of this study is to review the specific features of the Constitution of the United States of America, in view of the historical circumstances of its creation, and its topicality. The author stresses that the US Constitution and its interpretation have changed in the light of changing economic, political and social circumstances. Methodology: The author of the study has used the historical and comparative method in writing the paper. It has been considered how and to what extent this constitution has been and is being taken into account today outside the United States, particularly

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Kobylets`kiy, Mykola, та Natalya Paslavsʹka. "АДМІНІСТРАТИВНЕ СУДОЧИНСТВО В АВСТРІЙСЬКІЙ РЕСПУБЛІЦІ". Visnyk of the Lviv University. Series Law, № 77 (12 грудня 2023): 182–92. http://dx.doi.org/10.30970/vla.2023.77.182.

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The article is devoted to the historical processes of formation and development of administrative justice in the Republic of Austria. The process of establishment of the Administrative Tribunal of Austria-Hungary 1875–1918 is covered. The jurisdiction and structure of the Administrative Tribunal of Austria-Hungary (1875–1918) are analyzed. The process of the formation of the administrative judiciary in the Republic of Austria established in November 1918 is shown. The functions and powers of the Higher Administrative Court of the Republic of Austria after the establishment of the Constitutiona

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Szente, Zoltán. "Unmasking Authoritarian Constitutional Imaginary." Review of Central and East European Law 49, no. 2-4 (2024): 277–97. http://dx.doi.org/10.1163/15730352-bja10104.

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Abstract This paper examines how the constitutional imaginary was transformed in Hungary after 2010, during the period of the right-wing populist government. While after the fall of the communist regime at the turn of the 1980s and 1990s there was a consensus that a Western-style democracy and the rule of law should be established in Hungary, and the democratic transition took place accordingly, 2010 was a turning point in the Hungarian constitutional development. The former right-wing opposition won a parliamentary supermajority in the general elections that year, which created an opportunity

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Képessy, Imre. "The Consolidation of Hungarian Legal Practice with the Austrian Norms in 1861." Studia Iuridica 80 (September 17, 2019): 155–68. http://dx.doi.org/10.5604/01.3001.0013.4797.

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A few months before the suppression of the Hungarian Revolution in August 1849, Emperor Franz Joseph issued the Constitution of Olmütz, which suspended the Hungarian constitutional order. After 1850, the Viennese Government aimed to unify the legal system in the whole empire, and as part of the process, many Austrian legal norms were imposed by royal decrees upon the Hungarian territories. This led to fundamental changes in the country’s legal system (the customary law as “law in action” took precedence up until 1848), even though it happened unconstitutionally. The worsening state of affairs

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Lailam, Tanto, and Nita Andrianti. "Legal Policy of Constitutional Complaints in Judicial Review: A Comparison of Germany, Austria, Hungary, and Indonesia." BESTUUR 11, no. 1 (August) (2023): 75. http://dx.doi.org/10.20961/bestuur.v11i1.70052.

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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>This article focuses on the legal policy of constitutional complaints in judicial review. It compares the European model (Germany, Austria, Hungary) and Indonesia. These four countries have a legal policy in common, a constitutional court with a centralised court system and judicial review (abstract judicial review, concrete judicial review, and constitutional complaints), but the MKRI lack constitutional complaint. Three constitutional complaints policies in

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Shishelina, Lyubov. "CHANGE OF THE PRESIDENT OF HUNGARY: CAUSES AND CONSEQUENCES." Scientific and Analytical Herald of IE RAS 37, no. 1 (2024): 106–13. http://dx.doi.org/10.15211/vestnikieran12024106113.

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In February 2024, Hungarian President Katalin Novak resigned after only 20 months in office. The formal reason, according to her own admission, was an insufficiently thought-out decision related to the release from responsiveness of one of the defendants in the pedophile scandal in an orphanage. Although the decision was made in the spring of 2023, its details have been raised on the billboard by the opposition only now. Hungarian society reacted to the situation in different ways. Some were outraged by the «unacceptable frivolity» on the part of the country’s president, others felt that K. No

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