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( Fisher, 2016 ). The failure to incorporate the Interfaith Alliance’s proposed amendment leaves the PSA open to a human rights challenge in the courts under the second part of Article 9, with its protection of freedom of religion, another mechanism

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Treating people as equals is one of the main aims of constitutional democracies. Numerous examples prove the adverse effects if a state violates the equality principles relating to ethnic minorities and religious groups. Here is a lesson from Hungary. The Hungarian Constitutional Court (hereinafter: HCC) is not engaged in adjudicating concrete ‘cases and controversies’, but seemingly reviews the constitutionality of laws. The Constitution lays down the fundamental tenets relating to religious groups, churches, ethnic minorities and the principles of equality in general. Thus, the question is how the problems of religions and minorities are reflected in the constitutional case-law.The main theses of this article are following. First, based on historical facts the HCC provides preferential treatment for so-called historical churches. Second, in cases involving Roma the HCC does not consider the historical facts and social reality thus, the discrimination of Roma does not appear in the jurisprudence. Third, the unequal protection of churches and Roma by the state results in advantages being provided where the constitutional reasons of preferential treatment are absent while the state remains inactive where the promotion of the principles of equality would be most necessary.

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The Central European countries have been constitutional democracies for two decades. They were created by the political and constitutional transition of 1989, which was based upon the acknowledgment of fundamental rights and the rule of law. Timothy Garton Ash has argued that the peaceful, negotiated regime changes in Central Europe established a new model of non-violent revolution. The year 1989 became the major historical reference point for this kind of change. However, more than twenty years later, in the light of antidemocratic, authoritarian and intolerant tendencies, it is far from clear whether the negotiated revolution is a story of success or failure. This paper first outlines the constitutional and political background of revolutionary transition. It shows that uneasy compromises with members of the ancien régime were an unavoidable part of the peaceful transition. Nevertheless, the achieved constitutional structures and rules do not prevent political communities from realising the full promise of democracy. Second, this analysis attempts to explore, through the use of examples, how the century-old historical circumstances, the social environment, and the commonly failed practice of constitutional institutions interact. The goal of this section is to highlight some of the differences between universal principles and local peculiarities, focusing particularly on the constitutional features of presidential aspirations, the privileges of churches and certain ethnic tensions. The way the authorities apply the constitution is not detached from place and time, since those authorities possess culturally and historically predetermined knowledge and premises. Thus, we can say that antidemocratic, authoritarian and intolerant political and legal tendencies are embedded in the past and present of political communities. Finally, the paper argues that the chances of success of liberal democracies depend significantly on extraconstitutional factors. It seems that Hungary is in a more depressing and dangerous period of its history than for example Poland. The future of Central European constitutional democracies relies on the actions of people in the countries concerned and the commitment of Western societies.

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al. 2006 ): voice and accountability, which measures the level of the governments’ respect for civil and political liberties (e.g., freedom of association, freedom of expression, freedom of religion, free press, free elections, etc.). In turn, this

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constitutional provisions in connection with the protection of human rights and limited government. He also referred to the respect for ‘public law autonomies’ as a legal source of law in connection with so-called Tripartitum of 1517, to the freedom of religion

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constitutional provisions in connection with the protection of human rights and limited government. He also referred to the respect for ‘public law autonomies’ as a legal source of law in connection with so-called Tripartitum of 1517, to the freedom of religion

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.g., corruption issues, 87 privacy and data protection, 88 freedom of expression, 89 academic independence, 90 freedom of religion and association, 91 or the abolition of economic and social rights. 92 The report covers the cases that were closed several

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Hungary, adherents of Islam had only the restricted freedom or toleration of their religion. The 1895 article on churches and the freedom of religion discussed the conditions of acquiring the status of legal recognition. Accordingly, a denomination

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