A theoretical framework for distinguishing between judicial deference and the non-functioning of a constitutional court

The people demand legally correct, transparent, persuasive, and consistent decisions from any court, and this burden is even heavier in the case of constitutional courts. Therefore, we should be able to determine quantitative indicators to evaluate a constitutional court. However, our judgment should not be based on our feelings or personal preferences but on measurable aspects that can also capture the complex nature of judicial decisions. In this research, I propose a methodology that would answer whether a constitutional court is exercising justifiable judicial deference or is, in fact, no longer functioning as a constitutional court. I will test this method by examining some of the decisions of the Hungarian Constitutional Court and thus partly answer the question of whether the Hungarian Constitutional Court has fulfilled its constitutional function in recent years or not.