The underpinning of the protection of fundamental rights provided by the Hungarian constitution: Article 8 paragraph (1).

Gárdos-Orosz, Fruzsina (2008) The underpinning of the protection of fundamental rights provided by the Hungarian constitution: Article 8 paragraph (1). ACTA JURIDICA HUNGARICA, 49 (4). pp. 377-408. ISSN 1216-2574

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Abstract

The study analyses the protection of fundamental rights in Hungary. Article 8 paragraph (1) of the Hungarian Constitution is the basis of the protection of fundamental rights. The paper shows how Art. 8 paragraph (1) elvolved and explains how the Constitutional Court formed its content during the almost two decades after the transition. The content of the rule is explained by way of an item-by-item analysis of the terms of this paragraph. The analysis shows that the fact that the protection of fundamental rights is a primary obligation is not merely a declaration, but a regulative principle of constitutional democracy.

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