Constitution for a Disunited Nation

Constitution for a Disunited Nation
Author: Gabor Attila Toth
Publisher: Central European University Press
Total Pages: 589
Release: 2012-12-20
Genre: Law
ISBN: 6155225184

More than two decades after the post-communist constitutional transition, Hungary got into the spotlight again. As a result of the 2010 elections, the governing majority gained two-thirds of the seats in parliament, which made constitutional revision exceptionally easy, bypassing extensive political and social deliberations. In April 2011, on the first anniversary of the 2010 election, a brand new constitution was promulgated, named the Fundamental Law. This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.

Constitutional Judiciary in a New Democracy

Constitutional Judiciary in a New Democracy
Author: László Sólyom
Publisher: University of Michigan Press
Total Pages: 444
Release: 2000
Genre: Law
ISBN: 9780472109654

Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe

Judicial Cosmopolitanism

Judicial Cosmopolitanism
Author: Giuseppe Franco Ferrari
Publisher: BRILL
Total Pages: 915
Release: 2019-09-24
Genre: Law
ISBN: 9004297596

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

Private International Law: A Hungarian Perspective

Private International Law: A Hungarian Perspective
Author: Csongor István Nagy
Publisher: BRILL
Total Pages: 217
Release: 2024-05-06
Genre: Law
ISBN: 9004694560

This book provides a concise and analytical introduction to private international law in Hungary: international jurisdiction of courts, choice of law (applicable law) and the recognition and enforcement of foreign judicial decisions. It presents both Hungarian conflicts rules and their judicial practice and the application of EU conflicts rules by Hungarian courts.

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)
Author:
Publisher: BRILL
Total Pages: 240
Release: 2019-12-16
Genre: Law
ISBN: 9004417354

The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.

Post-Communist Mafia State

Post-Communist Mafia State
Author: B lint Magyar
Publisher: Central European University Press
Total Pages: 337
Release: 2016-03-01
Genre: Political Science
ISBN: 6155513546

Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ

The Challenge to Academic Freedom in Hungary

The Challenge to Academic Freedom in Hungary
Author: Andrew Ryder
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 252
Release: 2022-02-21
Genre: Education
ISBN: 3110749815

The Challenge to Academic Freedom in Hungary: A Case Study in Culture War, Authoritarianism and Resistance presents a case study as to how an authoritarian regime like the one in Hungary seeks to tame academic freedom. Andrew Ryder probes the reasons for ideological conflict within the academy through concepts like ‘culture war’ and authoritarian populism. He explores how the Orbán administration has introduced a series of reforms leading to limitations being placed on the Hungarian Academy of Sciences, Gender Studies no longer being recognized by the State, the relocation of the Central European University because of government pressure and new reforms that ostensibly appear to give universities autonomy but critics assert are in fact changes that will lead to cronyism and pro-government interference in academic freedom.

Defending Checks and Balances in EU Member States

Defending Checks and Balances in EU Member States
Author: Armin von Bogdandy
Publisher: Springer Nature
Total Pages: 478
Release: 2021-01-05
Genre: Law
ISBN: 366262317X

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.