METÓDY SMERUJÚCE K DEFINÍCII ZÁKLADNÝCH PRÁV V PRAXI MAĎARSKÉHO ÚSTAVNÉHO SÚDU
Methods towards definition of the fundamental rights in the practice of the Hungarian Constitutional Court
Languages of publication
The study analyses the methods of the protection of fundamental rights in Hungary. Article 8 of the Hungarian Constitution had been the basis of the protection of fundamental rights until the new Fundamental Law entered into force on the first January 2012. The new Fundamental Law textually implemented the former practice of the Constitutional Court based on Article 8 of the Constitution regarding the tests, methods of evaluation of the constitutional protection. The paper shows how the Constitutional Court formed the content of these tests during the almost two decades after the transition. The rule is explained by way of an item-by-item analysis of the terms of this paragraph and its interpretation by the Constitutional Court. The analysis shows that the fact that the protection of fundamental rights is a primary obligation of the state is not merely a declaration, but a regulative principle of constitutional democracy.
404 – 420
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