Still Countermajoritarian? The Constitutional Court of Hungary

The new constitution of Hungary, entered into force on 1 January 2012. The governmental forces gaining a two-thirds constituent majority at the 2010 elections envisaged a new role for the Constitutional Court. According to the official reasoning, the aim of the transformation was to give more emphasis on the subjective protection of fundamental rights in the individual cases and abolish the possibility that anyone could turn to the Constitutional Court in order to ask for the annulment of a piece of legislation deemed unconstitutional.
What is more, the ordinary judicial decision became subject to constitutional review. Such introduction of the German type constitutional complaint was a significant step in completing the illiberal constitutional turn by alienating the CC from the constitutional control of the Governemnt’s legislative majority to the constitutional control of the judiciary.