This panel is an invitation to start a public law oriented discourse about the legal concept of “constitutional identity“, which conceived here as the “identity of the constitution“. It is seen as a part of the constitution, with which the constituent people/nation can identify with as they created it in the course of constitution-making and...
Tag: <span>Tímea Drinóczi</span>
SECURITY CHALLENGES AND HUNGARY – A EUROPEAN CONTEXT
The panel addresses the question whether the increased presence of various threats to national security and the legal responses has challenged the commonly accepted notions of the rule of law, democracy and human right standards in Europe, and most particularly in Hungary. Recently, problems have called for and resulted in the establishment of different crisis...
DEVELOPING CONSTITUTIONAL IDENTITY THROUGH THE INCREMENTAL MODEL
The concept of constitutional identity can be considered from the duelling perspectives of socio-cultural theory or positivism. It can be also considered as a descriptive tool or as for normative purposes. The malleability of the concept has resulted in a diverse range of uses: to protect the constitution against supranational norms, or as a firewall...
Constitutional identity and “procedural sameness“
The “procedural sameness“ of the constitutional subject is one of the contents of the identity of the constitution. It is ensured by an inclusive constitution-making process, tiered amendment mechanism and in the Member States of the EU, the entrenched-like decision-making processes in European matters. By exploring theses mechanism in the Global North and Global South,...
Quality Control and Management in Legislation
It is not enough to claim the quality of legislation. It has to be realized as well. The question is whether the general assumptions of quality management systems can, if at all and to what extent, be adopted to introduce and ensure a quality management of the legislative process. In this paper, a possible theoretical...
Security challenges and public law – lessons learned from Hungary
This paper collects lessons learned from Hungary concerning security challenges. The populist rhetoric, the non-transparent functioning of the state can legally and politically legitimize governmental actions that are detrimental to democracy (referenda, billboard campaigns, popular consultations) and the rule of law (unconstitutional emergency situation), and are also potentially restrictive to fundamental rights. Rules on emergencies...