Fruzsina Gárdos-Orosz

Constitutional Justice under Populism

The Transformation of Constitutional Jurisprudence in Hungary since 2010


The standards of fundamental rights protection in normalcy and in emergency in Hungary

In Hungary, the main lines of human rights protection were introduced in the democratic transition of 1989-1990.1 The Constitutional Court of Hungary, operating from 1 January 1990, had a major role in elaborating on the rules that were agreed by the parties and adopted in the constitutional text and in further legislation consented to by the first democratically elected Parliament. The Fundamental Law, adopted in 2011 by the two-thirds majority in the National Assembly of the Fidesz–KDNP (Orbán) Government, preserved the conceptual considerations of the former Constitution and, as to the rules on the scope, objectives and limitations of human rights protection, it adopted very similar if not identical wordings. Although in 2013 the Fourth Amendment to the Fundamental Law declared all Constitutional Court decisions that were issued before 2012 ineffective, and in spite of the constantly changing practice of fundamental rights protection, especially with regard to certain rights, interestingly enough, the doctrine itself or at least the main lines of the doctrine did not change, but were rather colored by for example compulsory elements of constitutional interpretation or the change in fundamental rights enforcement measures.2 In this subchapter, I will describe the main elements of the standards of fundamental rights protection in normalcy and in emergency in Hungary in order to give basis for further discussion on the jurisprudence in crisis situation. My main argument is that the emergency standards of human rights protection are not only underdeveloped in the Hungarian legal system, even though the development has been in progress since 2015, but are also in contradiction with the main undertakings of the constitutional state in relation to the greatest possible, guaranteed protection of human rights.

Constitutional Justice under Populism

Tartalomjegyzék


Kiadó: Akadémiai Kiadó

Online megjelenés éve: 2024

ISBN: 978 963 454 971 0

In Hungary’s 2010 parliamentary elections, Fidesz – Hungarian Civic Alliance and its coalition partner, the Christian Democratic Party won a landslide victory and the newly formed populist Orbán-government gained a two-thirds constitution-making parliamentary majority, which it has kept for four consecutive terms (so far). In the spring of 2011, the National Assembly adopted Hungary’s new Fundamental Law, which has since been amended twelve times. The transformation of the Hungarian Constitutional Court and constitutional jurisprudence has played a significant role in cementing the new regime. The changes can be followed in a chronological order in this book. The author starts with the explanation of the concept of constitutional adjudication, she then reviews the procedural-institutional developments and the critical doctrinal junctures of the past thirteen years with regard to the general assessment of the change in constitutional justice. Finally, the volume offers a reading of how the scholarly experiences and factual results of the thirteen years spent under populism compare to the ideal of constitutional-court-made constitutional justice.

Fruzsina Gárdos-Orosz is research professor at the Institute for Legal Studies, HUN-REN Centre for Social Sciences and professor of constitutional law at ELTE Law School, Budapest. She worked as law clerk at the Hungarian Constitutional Court in different positions between 2003 and 2013. She has published extensively on different aspects of constitutional law, including the practice of the Hungarian Constitutional Court, the impact of different contemporary challenges to constitutional adjudication, as well as the rule of law resilience of Hungarian legal system.

Hivatkozás: https://mersz.hu/gardos-orosz-constitutional-justice-under-populism//

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