Hungary’s New Constitutional Law of 2011. No Reason for Exaltation, But Not the End of Democracy, Either  Cover Image
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Ungarns neues Grundgesetz von 2011.Kein Grund zum Jubel, aber auch noch nicht das Ende der Demokratie
Hungary’s New Constitutional Law of 2011. No Reason for Exaltation, But Not the End of Democracy, Either

Author(s): Herbert Küpper
Subject(s): Law, Constitution, Jurisprudence
Published by: Südosteuropa Gesellschaft e.V.

Summary/Abstract: Hungary's Constitution of 25 April 2011 has given rise to many debates both within Hungary and its European partner countries. These debates are fuelled by political emotions and, in the media outside Hungary, quite often by misunderstandings or one-sided information. Reliable and fact-based knowledge, however, is rare. The article describes the new Constitution, discusses the items that were criticised in the Western media in a comparative perspective, and problematizes the debatable aspects of the Constitution that were not a topic of Western criticism. It shows that the text of the Constitution abolishes neither democracy nor the rule of law, but contains – apart from "fashionable" developments such as a "sustainable development" – some potentially illiberal parts and certain rules that, due to their vagueness, may open ways for abuse.

  • Issue Year: 2012
  • Issue No: 03
  • Page Range: 80-101
  • Page Count: 22
  • Language: German