Fruzsina Gárdos-Orosz

Constitutional Justice under Populism

The Transformation of Constitutional Jurisprudence in Hungary since 2010


Changes in the practice of the Constitutional Court

After the economic crisis, the framework for constitutional review was fundamentally determined by the restriction that the Constitutional Court has essentially no power to conduct constitutional review on issues concerning the central budget. This has led to certain issues not being brought before the Constitutional Court, because the lack of competence has led to the absence of a corresponding motion. Shortly after this limitation of jurisdiction, although there were still attempts by petitioners to influence the constitutionality of the body’s position in borderline situations, and in some cases the Constitutional Court’s dogmatic reasoning allowed it to establish jurisdiction even in matters with budgetary implications, the picture has now become clearer and the Constitutional Court does not deal with financially and economically sensitive matters. This is also due to the fact that in cases such as the 98% special tax1 the Constitutional Court found it unconstitutional,2 and a two-thirds majority in Parliament made the possibility of imposing such special taxes part of the Fundamental Law by constitutional amendment.3 The Constitutional Court was then again called upon to take a position on the issue against the will of the government, but this time it took a more restrained position, according to which a rule could be made retroactively for a given tax year, if the tax year had not yet ended.4 The Constitutional Court thus sought to limit the legislator’s room for manoeuvre in even more cases after 2010, when the rule violated fundamental guarantees of the rule of law. This may have been partly due to the fact that the majority of the judges on the panel were long-standing members of the Constitutional Court who did not wish to change their professional position on certain constitutional issues.5

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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