Alkotmányellenes alkotmánymódosítások összehasonlító vizsgálata
The question of unconstitutional constitutional amendments became quite popular in the last few years. While several European constitutional courts refuse to acknowledge this method, several courts in Asia and Latin America are applying the possibility of annulling a constitutional amendment. The ai...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2021
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| Sorozat: | Acta Universitatis Szegediensis : forum : acta juridica et politica
11 No. 4 |
| Kulcsszavak: | Alkotmányjog, Alkotmány |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/77776 |
| Tartalmi kivonat: | The question of unconstitutional constitutional amendments became quite popular in the last few years. While several European constitutional courts refuse to acknowledge this method, several courts in Asia and Latin America are applying the possibility of annulling a constitutional amendment. The aim of this paper is to shed a light on the possible reactions to the situations when the question of unconstitutional constitutional amendments arise. I tried to create a system amongst the different types of decisions regarding the issue from the total refusal to the active usage. A constitution is a base of the legal system of a state and changing the text should be an extraordinary event. Generally, special rules dictate the process of the constitutional amendment, but what about the content? If the articles of the new constitutional amendment are against the existing constitution, can the constitutional court examine the constitutional amendment materially and decide about the constitutionality of the amendment? The answers to this particular question resulted in different types of decisions, sometimes in the jurisprudence of the same court. From time to time the court is committed to a path and would not alter the principles which are the base of the decisions. Summarizing, the purpose of this paper is to create a system between the court decisions on the question of unconstitutional constitutional amendments and demonstrate the possible solutions to this problem. |
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| Terjedelem/Fizikai jellemzők: | 323-339 |
| ISSN: | 2063-2525 |