The study analyses the protection of fundamental rights in Hungary. Article 8 paragraph (1) of the Hungarian Constitution is the basis of the protection of fundamental rights. The paper shows how Art. 8 paragraph (1) elvolved and explains how the Constitutional Court formed its content during the almost two decades after the transition. The content of the rule is explained by way of an item-by-item analysis of the terms of this paragraph. The analysis shows that the fact that the protection of fundamental rights is a primary obligation is not merely a declaration, but a regulative principle of constitutional democracy.
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.
Hungary ratified Protocol No. 13 to the European Convention for the Protection of Fundamental Rights and Freedoms concerning the abolition of the death penalty in all circumstances. This event is not a surprise since the Hungarian Constitutional Court declared capital punishment unconstitutional in 1990. Retrospectively, the development of the safeguards against capital punishment in Hungary might seem as a stretch of self-evident consequences. The present paper attempts to situate the decision of the Constitutional Court in its broader context and reflect upon the significance of symbolic founding gestures in times of democratic transition.
) law (construction of a genuine legal order); the will to contribute to the constitutionalization of the Community’s legal regime (especially the protectionoffundamentalrights) 4 and the building and maintaining of the common (internal) market. 5
Authors:András László Pap and Anna Śledzińska-Simon
government power are dismantled, the protectionoffundamentalrights is severely weakened, and political freedom is curtailed.
In this context, the use of constitutional comparativism fails as it would need to focus on this ‘worst practice