Some Constitutional Dimensions of Legislation with Supermajority in an Illiberal Context

Szentgáli-Tóth, Boldizsár (2025) Some Constitutional Dimensions of Legislation with Supermajority in an Illiberal Context. INSTITUTIONES ADMINISTRATIONIS - JOURNAL OF ADMINISTRATIVE SCIENCES, 5 (2). pp. 37-53. ISSN 2786-1929

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Abstract

The main goal of this article is to draw attention to the potential tools of the Hungarian Constitutional Court in the shaping of the future of cardinal law. The three main dilemmas around which the relevant HCC practice can be grouped are the legal rank of cardinal laws, ordinary and cardinal provisions occurring in the same laws, and the vertical scope of the cardinal regulation. The science of constitutional law and legal practice must focus on these three main issues in connection with supermajority legislation. Of course, many other sub-problems can be identified, which are important in themselves, but all of them can be classified into one of the aforementioned three areas. If these issues can be settled satisfactorily, a predictable jurisprudence may develop in the long term, which would greatly promote the effectiveness of the entire concept of cardinality. A wide-ranging professional dialogue from this would serve not only the interests of the Hungarian constitutional framework, but might also be an important point of reference for other countries operating with supermajority legislation.

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