By Catherine Dupre
This ebook, one of many first actual monographs at the Hungarian Constitutional court docket on hand in English, is a special research of the start of a brand new felony procedure after the cave in of communism in principal and japanese Europe. It indicates that the genesis of the recent felony order was firm by means of vast Western involvement and an exceptional circulate of export/import of legislation. Anchored in a close comparative research of German and Hungarian constitutional case legislations on human dignity, this ebook argues that legislation importation was once a planned approach performed by way of the Hungarian court docket within the early years of its operation. It explains how the conditions of the transition and the heritage of the importers decided the alternative of German case legislations as a version and the way the courtroom used it to build its personal model of the proper to human dignity. It highlights the Hungarian Court's instrumentalization of imported legislation to be able to lay the principles of a brand new perception of primary rights. whereas targeting the Hungarian adventure, this publication engages with foreign debates and offers an unique theoretical framework for impending the circulate of legislations from the importers' viewpoint.
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Extra info for Importing the Law in Post-Communist Transitions: The Hungarian Constitutional Court and the Right to Human Dignity (Human Rights Law in Perspective)
They included rights such as the right to work, a pension, a holiday and to education. See I Kovács, Les libertés démocratiques de la République Populaire Hongroise (Budapest, Association des Juristes Hongrois, 1953); J Halász, Socialist Concept of Human Rights (Budapest, Akadémiai Kiadó, 1966); M Katona Soltész (ed), Human Rights in Today’s Hungary (Budapest, Mezon, 1990), and G Brunner (ed), Before Reforms, Human Rights in the Warsaw Pact States, 1971–1988 (London, Hurst and Company, 1990). Chapter 6 will consider this issue in more detail.
22 the state. The state is answerable to the individual for its activity. ’ 21 On the presidents, see R Taras (ed), Post-communist Presidents (Cambridge, Cambridge University Press, 1997). 22 H Schwartz’s book is one of the few substantial surveys of post-communist constitutional courts, The Struggle for Constitutional Justice in Post-Communist Europe (Chicago, Chicago University Press, 2000). Other studies include: the proceedings of a conference organised by the Venice Commission of Democracy through Law and held in Brioni, Croatia, 23–25 September 1995, La Protection des Droits Fondamentaux par la Cour Constitutionnelle (Strasbourg, Editions du Conseil de l’Europe, 1996); H Schwartz, ‘The New East European Constitutional Courts’ in AED Howard (ed), Constitution-making in Eastern Europe (Washington, Woodrow Wilson Centre Press, 1993), 163; G Brunner, ‘Development of a Constitutional Judiciary in Eastern Europe’ (1992) 6 Review of Central and East European Law 535 and G de Vergottini (ed), Giustizia costituzionale e sviluppo democratico nei paesi dell’Europa centro-orientale (Torino, G Giapichelli, 2000).
In Romania, three judges are appointed by the Senate, three by the president of the Republic, and three by the Chamber of Deputies. In Bulgaria, four judges are elected by the National Assembly, four by the president and four by ‘a joint meeting of the justices of the Supreme Court of Appeals and the Supreme Administrative Court’ (Art 147). A further common feature of constitutional judges is their legal expertise: all constitutions require a law degree and professional experience of varied length (ten years in the Czech Republic, 15 years in Slovakia and Bulgaria and 18 years in Romania).