Hungarian statutes and regulations contain a "without prejudice to international treaty obligations" clause as to the scope of their provisions. In such cases the international treaty-or maybe an existing mutual practice in its absence-shall be enforced based on the express provision of the domestic act. This process might prove to be quite lengthy, since the Minister of Justice is authorized to pronounce on the existence of such mutual practices. In the second half of the 1990's the Hungarian legislative branch (the Parliament) passed a statute on taxation which entered into force even though it violated the bilateral treaties concluded by Hungary to avoid double taxation.
Constitution of People’s Republic of China 3 with the first National People’s Congress formed after the nationwide election. After a long-term discussion on the Constitution, the first Constitution of People’s Republic of China was adopted by the first
://www.focus.lv/latvija/sabiedriba/eriks-stendzenieks-aicina-modernizet-latvijas-himnasnovecojusos-vardus (Accessed 24 October 2013).
Gavison, R. (2002): What Belongs in a Constitution? Constitutional Political Economy , 13: 89–105.
If we realize that in the first constitutional laws of modern constitutionalism (such as the Constitution of the USA of 1787, the Declaration of the Rights of Man and of the Citizen, the Polish Constitution of 3 May 1791 and the French Constitution of 3 September 1791), the contents of the preambles corresponded to contemporary chapters defining the principles of the systems of state government, while the opening chapter of the Polish Constitution of April 2, 1997 includes 29 articles, a question arises whether it was necessary to precede that Constitution with a preamble. Introductions to constitutions are part of the Polish systemic tradition: they featured in the Constitution of 1791, as well as in the so-called March Constitution of 1921, the Constitution of the Polish People’s Republic of 1952 and the so-called Small Constitution of 1992, whereas the so-called April Constitution of 1935 did not have one.Like those of other states, the major contents of the Preamble to the Constitution include a solemn proclamation of those principles and assumptions that its makers found particularly important in light of the state’s history and contemporaneous situation. Setting these out explicitly was assumed to further the goal of integrating consecutive generations around a certain system of values as well as legitimising the system of government that was thereby established. This is why the Preamble indicates the entity who acts as the constitutional legislator (pouvoir constituant) as “the Polish Nation-all citizens of the Republic”, describes the Constitution itself as the “the basic law for the State”, characterizes the historical context in which the fundamental law was adopted and- most significantly-lists all the basic goals of the Polish State and the fundamental principles underlying the fundamental law.The reader may find it striking that the Preamble contents largely overlap, or at least are not coordinated with, the wording of provisions of the first chapter, entitled “The Republic”. This chapter is, as we have mentioned, very long and-as the title suggests-not only does it list the classic principles of the state government system, but it also gives quite an exhaustive description of the Polish national community in all its complexity (including the state’s main tasks and symbols, but also, among other things, references to the institutions of civil society, the definition of marriage enjoying the protection of the state, the duty to take care of war invalids, etc.).
This article analyses the way of the French Constitutional Council, starting with its famous Association decision in 1971, transformed a brief reference to historical declarations of rights in the thin Preamble of the current French constitution (adopted in 1958) into a wide-ranging judge-made catalogue of fundamental rights. This, combined with two important reforms of the procedure for submissions of statutes to the Constitutional Council for review (in 1974 and 2008), are gradually establishing the Constitutional Council as an important actor in the legislative process and a central body for the protection of human rights in France. The article also briefly explores the scope and limits of this protection. It then discusses recent proposals for amending the Preamble. It analyses the only amendment so far, namely the inclusion of a reference to the Charter for the Environment, which aimed at providing a constitutional basis for the protection of environment, as well as other controversial suggestions, such as those aiming at enabling positive discrimination measures towards minorities, the guarantee of media pluralism, the protection of privacy and personal data and the respect of human dignity. It concludes on the use and misuses of comparative law for constitutional reforms.
The study analyses the potential effects of the Treaty on the Hungarian Constitution and its application by the Hungarian Constitutional Court, and the more general-and at the European Law’s present stage of the development unavoidable-problem of the theoretical analysis of European Law as a branch of law.The study points out that the Hungarian Constitution’s Accession Clause (Article 2/A) has not solved the problem of the primacy of Community Law, as far as the relationship between EU Law and the Hungarian Constitution is concerned, therefore the Constitutional Court encounters a problem that is increasingly difficult to resolve, when facing issues relating to the incompatibility of Hungarian statutes with EU Law. The study criticises some solutions proposed by the Constitutional Treaty (e.g. the institution of “recommendations”-(the present practice of “guidelines” etc.) which is definitely unconstitutional according to the Hungarian Constitution and its application practice by the Constitutional Court. Finally the study complements the problems thus outlined with the fact that the concept of EU Law and its various parts have not been clarified from a dogmatic perspective-the time has come to systematize this enormous material of law, especially when a Constitutional Treaty makes the attempt to summarize the legal fundaments of the unprecedented effort to develop an economic and political integration in Europe.
Velencei Bizottság 614/2011. számú állásfoglalása (CDL-AD(2011)001): European Commission for Democracy through Law (Venice Commission): Opinion on Three Legal Questions Arising in the Process of Drafting the New Constitution of Hungary <http