One of the interesting innovations of the Hungarian Fundamental Law of 2011 was to define authoritatively the methods of interpretation of its own text. According to this unusual but not unprecedented approach, the provisions of the constitution should be interpreted in accordance with their purposes, the preamble (ʻNational Avowal’) and the achievements of the historical constitution (i.e. the unwritten constitution effective before the end of the WWII). Then, a constitutional amendment repealed all Constitutional Court rulings prior to the entry into force of the new Fundamental Law. The goal of this modification was hardly any than to compel the Court to change its jurisprudence, adapting it to the values of the parliamentary majority. The paper examines who is the final interpreter of the constitution in the contemporary Hungarian constitutional law context, and what are the arguments for different options.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels