Dismantling Constitutional Review in Hungary

The paper deals with recent deviations from the shared principles of constitutionalism in Hungary, such as limited government, adherence to the rule of law, and guaranteed fundamental rights, especially through substantially limiting the review powers of constitutional courts and packing them. This dismantling of constitutional review was mainly introduced by the new Hungarian constitution enacted in 2011, but the process has already started right after FIDESZ’ 2010 electoral victory, and concluded by the 2013 Fourth Amendment to the Fundamental Law of Hungary. After discussing the fate of judicial review in Hungary the paper tries to delimit the treatment of judicial review from the concept of political constitutionalism, and approaches of weak judicial review.

di

Amicus Briefs on the New Constitution of Hungary

Edited  by
Professor Gábor Halmai, Eötvös Loránd Tudományegyetem, Budapest, and Princeton University, Professor Kim Lane Scheppele, Princeton University

The most recent amicus briefs regarding the new constitutional system of Hungary."Amicus_Cardinal_Laws..." is on the eight cardinal laws of Hungary, that the Venice Commission is going to review, including those on the churches and the judiciary, and on the Transitional Provisions of the Fundamental Law, which also contains non-transitory provisions. The work was completed and submitted to the Venice Commission on the 21st of February, 2012.(See pdf bellow)

"Amicus-to-vc..." is the brief on the Fundamental Law of Hungary submitted to the Venice Commission in June, 2011.(See pdf bellow.)

The same document in Hungarian bellow is: "Velemeny" A Velencei Bizottsághoz 2o12 júniusában eljuttatott jogi szakvélemény magyar fordítása.

The authors of the briefs are non-partisan constitutional scholars that came together solely for the purpose of this task, and decided to work on a voluntary basis, without any compensation. 

Download:
Amicus_Cardinal_Laws_final
Amicus-to-vc-english-final
 Velemeny

 

di