The Hungarian Constitutional Court’s Place in the Constitutional System of Hungary

Abstract

This paper presents the achievements of the “Rule of Law Revolution” and the role of the Constitutional Court in the different stages of Hungary’s rule of law evolution. Special attention will be placed on the current Hungarian practice of rule of law, the topics of rule of law, constitutionalism and the division of powers within the framework of legal and political constitutionalism will be discussed. The paper also will summarize the views that criticized the activism of the Hungarian Constitutional Court, and those that have laid down the groundwork for the expansion of political constitutionalism after the 2010 Parliamentary elections. Finally, the challenges of rule of law and constitutionalism will be examined, with regard to the role of the Court as the principal organ for the protection of the Fundamental Law in the context of Hungary’s membership in the European Union.