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I·CONnect

Blog of the International Journal of Constitutional Law
Home Archive for category "Hungary"
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How to Evade the Constitution: The Case of the Hungarian Constitutional Court’s Decision on the Judicial Retirement Age

Kim Lane Scheppele, Princeton University On Monday 16 July, the Hungarian Constitutional Court handed down its biggest decision of the year.   It held that the sudden lowering of the retirement age for judges is unconstitutional because it gave the judges no time to prepare for the change and because it created an unclear framework in

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Published on August 8, 2012
Author:          Filed under: hp, Hungary, kim lane scheppele
 
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Romania in Hungary’s Footsteps: Different Victor, Same Strategy

[cross-posted with thanks from verfassungsblog.de] On January 1, 2012 with an amended Constitution in place, Hungary, the once-praised EU accession candidate, proved that rule of law and consolidated judicial institutions are not at all irreversible. A new shift of power brought to Budapest the necessary political power that allowed Viktor Orbán and the FIDESZ government

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Published on July 12, 2012
Author:          Filed under: hp, Hungary, Romania
 
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Arato on Hungary: Don’t Call it a Dictatorship

[note: cross-posted from booksandideas.net] It may seem like a scholastic question: is the current Hungarian regime a dictatorship (or an autocracy) in light of the changes made by the Constitution of 2012, the so-called Basic Law? Does answering this question make a difference for those seeking to reverse or replace the regime? My answers are

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Published on May 17, 2012
Author:          Filed under: Andrew Arato, hp, Hungary
 
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Hungary’s New Constitution

The new constitution of Hungary—called the Fundamental Law of Hungary—became effective a couple of days ago on January 1, 2012. The day after its coming into force, thousands of Hungarians gathered in Budapest to protest the nation’s new constitution. Analyses of the day’s events are available here, here and here. Princeton’s Kim Lane Scheppele is quoted offering some noteworthy observations near

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Published on January 4, 2012
Author:          Filed under: hp, Hungary, new constitution, Richard Albert
 
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New Hungary Constitution: New Opinions

Our contributor Andrew Arato, along with other leading academics, submitted an amicus brief to the Venice Commission concerning the new Constitution of Hungary. It is in many ways a devastating critique of the new document on both substantive and procedural grounds. The Venice Commission itself released an Opinion on the Constitution earlier this week, arguing

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Published on June 23, 2011
Author:          Filed under: Andrew Arato, constitutional design, hp, Hungary, Tom Ginsburg
 
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Arato: Orban’s (Counter) Revolution of the Voting Booth and How it was Made Possible

During the age of great revolutions, Joseph de Maistre distinguished between counter revolutions and the contraries of revolutions. Fearing, rightly, that counter revolutions may have the same horrible consequences as the Jacobinism that he witnessed, he expressed his preference for the contrary of revolutions, but never really explained how it would work. If we take

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Published on April 21, 2011
Author:          Filed under: Andrew Arato, hp, Hungary
 
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Arato on Constitution Making in Hungary and the 4/5 Rule

The worst thing about the current constitution making process in Hungary led by the FIDESZ government is the process itself: under an opposition boycott, and involving an absurd process of popular consultation through sketchy and deficient mail in citizen questionnaires, it lacks all genuine aspects of participation and inclusion. Not only is the process illegitimate

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Published on April 6, 2011
Author:          Filed under: Andrew Arato, constitutional amendment, hp, Hungary
 
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Petition on Hungary

Other than the fact that it would be the first national constitution drafted on an I-pad, Hungary’s proposed new constitution is engendering serious concern. Although the Orban government is associated with the political right, voices have been raised across the political spectrum, including the Wall Street Journal. Further to the very informative post by Maximilian

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Published on April 5, 2011
Author:          Filed under: hp, Hungary
 
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Hungary’s proto-authoritarian new Constitution

Hungary is about to give itself a new constitution: 21 years after the peaceful transition from communism to democracy the nationalist-conservative government of Prime Minister Viktor Orbán, by virtue of its 2/3-majority in parliament, has tried to put the country on a entirely new constitutional course, with exceptional haste: Last week a draft for a

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Published on March 24, 2011
Author:          Filed under: hp, Hungary