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Ustawa zasadnicza Węgier – uwagi wstępne i możliwe konsekwencje

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Fröhlich J., Lóránt L.

Forum Prawnicze

2012

issue 3 (11)

15-26

The Basic Law is almost beyond its first half year but in several questions the constitutional adjudication is still unknown. In certain issues the Basic Law introduced significant novelties (while other issues remained unaltered) and it is an open question how the judiciary and especially the Constitutional Court will apply the particular regulations. The role the political atmosphere plays in the constitutional system of a given country can hardly be neglected in the evaluation of the constitutionalism of a state; however, it is out of the scope of legal sciences in a narrow sense. Therefore, in order to introduce the Basic Law of Hungary, the text of the constitution was used as a starting point, as the interpretation and the application of the new constitution in practice has not developed yet. We focus on three issues. Firstly, on the creation of the Basic Law, secondly, the philosophical background and the general questions, and finally we point out the most significant changes in the Hungarian state organisation and the field of human rights. We emphasise that the constitution cannot be regarded as equal with its mere text. The role of the constitution is not only to lay down the basic rules of the constitutional system and to recognise human rights. To a certain extent it has to be a flexible, open document which can conform to the changing circumstances, and which is highly influenced by the constitutional culture and the course of interpretation. The new Hungarian Basic Law will serve as a good example of the fragile relation between the constitutional norm and the constitutional reality.

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1 Forum Prawnicze

1 Fröhlich J.

1 Lóránt L.

1 2012

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Ustawa zasadnicza Węgier – uwagi wstępne i możliwe konsekwencje