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Protecting the Constitution

The Characteristics of Constitutional and Judicial Review in Hungary 1990-2010
BuchGebunden
64 Seiten
Englisch
Schenk Verlagerschienen am15.07.2011
This is a short study about the Hungarian model of constitutional review as it exists from 1990 to the end of 2011.It also aims to describe the constitutional framework (or background) of the judicial review (judicial control) of administrative acts, as the judicial control over legislation and the executive play an unconditional role in the process during which [t]he constitutional state becomes a reality. This could only happen when the Constitution is truly and unconditionally given effect. (â¦) Not only the regulations and the operation of the state organs must comply strictly with the Constitution but the Constitution's values and its "conceptual culture" must imbue the whole of society. This is the rule of law and this is how the Constitution becomes a reality. The realization of the constitutional state is a continuous process. [1]The book is mainly based on the Country Report I presented to the conference Constitutional Courts, Human Rights, Democracy and Development (Konrad Adenauer Stiftung & Max-Planck-Institut, Heidelberg, 12-13 November 2009) but I amended the text with a short analysis on the constitutional framework and reasoning on the judicial control of the administrative acts. In this short book I intend to describe the Hungarian model of constitutional review as it existed in its original form, before the jurisdiction of the Court and the electoral process of the members had been changed in 2010, although these modifications, even the restrictions upon the jurisdiction, have not altered the model completely. However, they forecasted a more serious change: the introduction a new model.After the enactment of the new Hungarian Constitution (The Basic Law of Hungary, entering into force on the 1st of January 2012) it seem definite that a new (or at least a modified) model of constitutional review and is probable that a different system of judicial review will start their operation. I deemed it important to summarize the main characteristics of the two. Before the Change.mehr

Produkt

KlappentextThis is a short study about the Hungarian model of constitutional review as it exists from 1990 to the end of 2011.It also aims to describe the constitutional framework (or background) of the judicial review (judicial control) of administrative acts, as the judicial control over legislation and the executive play an unconditional role in the process during which [t]he constitutional state becomes a reality. This could only happen when the Constitution is truly and unconditionally given effect. (â¦) Not only the regulations and the operation of the state organs must comply strictly with the Constitution but the Constitution's values and its "conceptual culture" must imbue the whole of society. This is the rule of law and this is how the Constitution becomes a reality. The realization of the constitutional state is a continuous process. [1]The book is mainly based on the Country Report I presented to the conference Constitutional Courts, Human Rights, Democracy and Development (Konrad Adenauer Stiftung & Max-Planck-Institut, Heidelberg, 12-13 November 2009) but I amended the text with a short analysis on the constitutional framework and reasoning on the judicial control of the administrative acts. In this short book I intend to describe the Hungarian model of constitutional review as it existed in its original form, before the jurisdiction of the Court and the electoral process of the members had been changed in 2010, although these modifications, even the restrictions upon the jurisdiction, have not altered the model completely. However, they forecasted a more serious change: the introduction a new model.After the enactment of the new Hungarian Constitution (The Basic Law of Hungary, entering into force on the 1st of January 2012) it seem definite that a new (or at least a modified) model of constitutional review and is probable that a different system of judicial review will start their operation. I deemed it important to summarize the main characteristics of the two. Before the Change.
Details
ISBN/GTIN978-3-939337-86-7
ProduktartBuch
EinbandartGebunden
Erscheinungsjahr2011
Erscheinungsdatum15.07.2011
Seiten64 Seiten
SpracheEnglisch
Artikel-Nr.16779267
Rubriken
GenreRecht

Inhalt/Kritik

Inhaltsverzeichnis
Table of contents

Preface 7

I. The Model and Institution of Constitutional Review 9

1. The establishment and the organization of the Hungarian constitutional judiciary 9

2. The relations with the ordinary courts 13

3. Judicial or political? 16

4. Professional qualifications, nomination, term and reappointment 17

II. Review Powers and Competences 21

1. Constitutional review of statutory legislation in abstracto 21

2. Court initiated concrete constitutional review 25

3. Concrete review and individual complaints 26

4. Disputes concerning the separation of powers 28

5. Impeachment of high public officials 29

6. Binding opinions on matters of constitutional interpretation 29

7. Referendums and complaints 31

III. Binding effect of decisions of the Constitutional Court 33

1. Who is bound by the decisions? 33

2. Is the legislature also bound? 34

3. Binding effect and the ordinary courts 35

4. Overruling 36

5. Compliance with the decisions 37

IV. Main Fields of Constitutional Review 39

1. Fundamental rights 39

2. Freedom of expression 42

3. Social rights 44

4. Discrimination 46

5. Local government rights 48

6. Taxation 49

V. The Judicial Review of Administrative Acts and Rule of Law 51

1. Socialist state and review 52

2. The review of constitutional character 52

3. Subordination to the law ¿ substantive constitutionality 54

4. Authority to act 55

5. The constitution and the administrative justice 56

VI. Changing administration ¿ unchanged paradigm 59

VII. Conclusions 61mehr

Autor

Dr. habil. András Patyi, associate professor is one of the justices of the Hungarian Supreme Court (Administrative Cases Division) and the leader of the Department of Administrative Sciences at the Faculty of Law, Szechenyi István University, Gyor.

After finishing his legal studies in 1993, he started to work at the Constitutional Court. Later worked as a senior ranking civil servant (in the 12th District of Budapest), then he returned to the Constitutional Court as chief counsellor and in 2009 has been appointed to the Supreme Court. He submitted his Ph. D. thesis in 2002 (The Judicial review of Administration in Hungary) and succeded in the habilitation process in 2011.