Abstract
Regulation of special legal order in Hungary - Constitutional options in the shadow of the COVID crisis -
Highlights
States often try to find a way of dealing with social problems and crises by legal institutions
The need of introducing special legal order means that Hungary is in a situation which requires special legal instruments from the state in order to return to the normal operation of the country determined by the normal legal order as soon as possible
Perhaps the only safeguarding mechanism of the rule of law appears to be the application of the cases of special legal order
Summary
The Act XX of 1949 on the Constitution of the Hungarian Peoples’ Republic was designed by the pattern of the Stalinist Soviet Constitution It contained no examples of special legal order cases, while the Act of National Defence in 1960 has a whole section dealing with extraordinary regulations.. It contained no examples of special legal order cases, while the Act of National Defence in 1960 has a whole section dealing with extraordinary regulations.6 This law reveals the real relation of the political power to democracy: the censorship, the limitation of the right of assembly are missing from the list of extraordinary regulations as they had been well in force in the time of peace. In the case where the state exercises unrestricted power without the guarantees against abuse, further authorization seems unnecessary.
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