Accessible Requires Authentication Published by De Gruyter February 8, 2017

The Most Significant Issues of Power Theory in Hungary from 2010 to 2014

Gergely Bárándy
From the journal ICL Journal

Abstract

Between the years of 2010 and 2014, the most significant change in the public law system took place in Hungary since the democratic transition of 1989. According to some, this has been a reform, whereas others regard it as destruction. During the trans­formation, of course, relations between all branches of power and their relationship with other factors of power had been a subject of debate. Yet - apart from the general question of how much the state policy established by 2014 complies with the democratic principles of the rule of law based on the division of power - from the viewpoint of power theory there had been three major issues that instigated fierce debates. They concerned the status of the president of the republic, the legitimacy of the constitution (Fundamental Law) and the relationship between the constitution-making power and the constitutional court. The present study aims to address the above questions.

Published Online: 2017-2-8
Published in Print: 2015-3-1

© 2017 by Walter de Gruyter Berlin/Boston