Changes which Occurred in the Role of the Hungarian Constitutional Court in Protecting the Constitutional System

Tóth J., Zoltán (2018) Changes which Occurred in the Role of the Hungarian Constitutional Court in Protecting the Constitutional System. ACTA UNIVERSITATIS SAPIENTIAE LEGAL STUDIES, 2018 (1). pp. 95-107. ISSN 2285-6293

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Abstract

The present article aims to briefly illustrate how the role of the Hungarian Constitutional Court in protecting the constitutional system changed after the Fundamental Law had entered into force compared to its role under the Constitution. Our findings are based on quantitative data, and we use statistical tools, with the help of which further conclusions are going to be drawn regarding the nature of the role of the Constitutional Court, fulfilled by it today and expected to be fulfilled by it in the following years. To this end, in the initial part of our study, we will firstly review the tasks that can be provided by the Hungarian Constitutional Court; then, in the second part, we will describe those main functions which actually determine the activity of the panel today, and we will examine the extent to which present-day tasks differ from the pre-2012 situation, also trying to review the main features of the general functioning of the panel, including the most important details of the current practice related to constitutional complaints. Finally, in the third part, we will summarize the conclusions that we can formulate on the basis of our analysis, which will make it possible for us to draw estimative statements regarding the very probable future evolution of the defence practice of the Constitutional Court concerning constitutional and fundamental rights.

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