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The preambles are used in the Czech legal system during the last twenty years rather rarely. Nonetheless, constitutions in the Czechoslovak history as in the Czech history are traditionally introduced by the preambles. As the Czech constitutional system inclines to consist of more constitutional legal acts at the supreme level of the interior legal system, we can found two constitutional preambles in the recent Czech constitutional system. Both top constitutional acts-the Constitution and the Charter of Fundamental Rights and Basic Freedoms are preceded by their own preamble. The preambles differ as they are focused on different part of constitutional issues. Despite of this obvious fact they are built-up on some features, which are common to both of them. The preambles are characterized by a modest form-their purpose is to explain, why the new chapter of the legal development is opened, and to offer us a common starting line. Nonetheless, they also keep to us a freedom of movement in the new legal period. Their main goal is to connect the people, not to divide, if the constitutional act, which is introduced by them, should be an expression of the common national will.
A tanulmány Kulcsár Kálmán akadémikus, volt igazságügyi miniszter és kanadai nagykövet tudományfejlesztő és államszervező munkásságának méltatása után annak a szerepnek kereteit, tartalmi összetevőit és eszközrendszerét vázolja, amelyek révén a magyar alkotmányos jogállam korszakunk folyamatai közepette a fenntartható fejlődést szolgálhatja. Az alkotmányos keretek továbbfejlesztése érdekében a szerző számos javaslatot fogalmaz meg újabb alapelvek, emberi és polgári alapjogok, tilalmak és kötelességek alkotmányi értékké nyilvánítására, valamint a magyar állam szervezetének és működési rendjének fejlesztésére.
treaties of constitutional value. The national and the European legal orders interact constantly and, apart from developing the domestic legal systems, they form a complex, integrated legal system as well. Because of their particularities (historic
values and traditions rooted in a state's history become constitutional values through an operation of legal qualification, and as such these values and traditions contribute to conferring an identity on the Constitution. This is how the ‘identity of the
referred to the historical constitution, it referred rather to certain concrete positive norms (pieces of legislation of constitutional value) and classical principles that were in effect at a certain time in history; the constitutional Court rarely
of EU competences only if the normative nature of such a notion can be justified and demonstrated, and moreover, if constitutional identity really encompasses the most important constitutional values and principles which impact domestic constitutional
ratified since the Charter could challenge the principles of indivisibility of the Republic, and of the equality of all citizens. The Council underlined that the principle of unity of the French people had constitutional value and that the constitutional
reasoning has to be qualitative in nature as it is also the only way to do a respectful analysis with societal needs and constitutional values as well. Moreover, if judicial argumentation reflects moral values, the assessment system has to take them into
‘arrangement’ which directs attention to structural and state organizational elements, raising the question of its applicability to constitutional values and principles. While the term ‘arrangement’ could greatly narrow the scope of the identity clause, it is
reference for jurisprudence also marked a notable regression in terms of upholding constitutional value. In so doing, indeed, the legitimacy of the Constituent Assembly was de facto assimilated to that of an ordinary legislator, and the Constitution was
