Protecting the constitution

Auteurs

• András Patyi

Paramètres

• Droit, Littérature juridique
• Littérature juridique

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This short study examines the Hungarian model of constitutional review from 1990 to the end of 2011, focusing on the constitutional framework for judicial review of administrative acts. Judicial control over legislation and the executive is essential for realizing a constitutional state, which requires the Constitution to be fully and unconditionally implemented. Compliance with the Constitution must extend beyond state organs to permeate societal values and culture, embodying the rule of law. The book is primarily based on a Country Report presented at a conference in 2009, with added analysis on the constitutional framework and judicial control of administrative acts. It describes the original Hungarian model of constitutional review prior to the 2010 changes in the Court's jurisdiction and member election process. While these modifications did not completely alter the model, they indicated a shift towards a new framework. Following the enactment of the new Hungarian Constitution (The Basic Law of Hungary) on January 1, 2012, a new or modified model of constitutional review is anticipated, along with a different system of judicial review. The study aims to summarize the key characteristics of both the original model and the changes that preceded this transition.

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• Année de publication: 2011