Dismantling Constitutional Review in Hungary

By on Febbraio 15, 2019

The paper deals with recent deviations from the shared principles of constitutionalism in Hungary, such as limited government, adherence to the rule of law, and guaranteed fundamental rights, especially through substantially limiting the review powers of constitutional courts and packing them. This dismantling of constitutional review was mainly introduced by the new Hungarian constitution enacted in 2011, but the process has already started right after FIDESZ’ 2010 electoral victory, and concluded by the 2013 Fourth Amendment to the Fundamental Law of Hungary. After discussing the fate of judicial review in Hungary the paper tries to delimit the treatment of judicial review from the concept of political constitutionalism, and approaches of weak judicial review.


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Andrea Buratti, Alessandra Di Martino, Cristina Fasone, Giuseppe Martinico, Anna Mastromarino, Oreste Pollicino, Giorgio Repetto, Raffaele Torino