The Hungarian Fundamental Law, the new cardinal laws and European concerns

Mazza, Mauro (2013) The Hungarian Fundamental Law, the new cardinal laws and European concerns. Acta Juridica Hungarica, 54 (2). pp. 140-155. ISSN 1216-2574

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Abstract

The article examines the new trends of Hungarian constitutionalism, which have been realized in the new Fundamental Law and that raises some questions with regard to, among other things, the hierarchy of sources of law. Especially the cardinal laws have been the subject of criticisms both within the Hungarian doctrine that by experts in constitutional law and international organizations in the Western world. From the point of view of comparative constitutional law, it should be noted that reinforced laws are provided in many constitutions, in both Western and Eastern Europe. In order to better understand the role of cardinal laws is useful to consider, first of all and in addition to the new Fundamental Law, the system of pre-existing organic laws of Hungary. Furthermore, it is also interesting to consider, on the one hand, the first cardinal laws approved, and, on the other hand, the orientations of the Hungarian Constitutional Court on organic laws prior to the adoption of the new Fundamental Law.

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