Mit ér a panasz, ha alkotmányjogi?
One of the most important changes of the Basic Law of Hungary regarding the Constitutional Court is the new regulation of the constitutional complaints. Whilst under the effect of the interim Constitution of 1989 the primary role of the Court was supervision of the constitutionality of legal acts (c...
Elmentve itt :
| Szerző: | |
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2015
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| Sorozat: | Acta Universitatis Szegediensis : forum : acta juridica et politica
5 No. 2 |
| Kulcsszavak: | Alkotmányjog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/85571 |
| Tartalmi kivonat: | One of the most important changes of the Basic Law of Hungary regarding the Constitutional Court is the new regulation of the constitutional complaints. Whilst under the effect of the interim Constitution of 1989 the primary role of the Court was supervision of the constitutionality of legal acts (control of norms), under the Basic Law the main point of view was transposed to control of constitutionality of decisions of ordinary courts. Consequently, a proceeding started by a constitutional complaint is undoubtedly a legal remedy (without contesting that this legal nature was the same even from 1989). This change increased the importance of procedural conditions which were regulated in details by the Basic Law and by the cardinal law on the Constitutional Court. However, the system of these conditions have to be interpreted by the Court itself. One of the most problematic questions is the legal consequence of the decision of the Court if a legal regulation is considered to be unconstitutional: one possible consequence could be nullification of the decision of the ordinary court which applied the unconstitutional regulation, the other may be the prohibition of the application of that regulation. In this later case it is the duty of the ordinary Court (especially of the Curia, as the supreme ordinary court) to rectify the contested decision. |
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| Terjedelem/Fizikai jellemzők: | 137-148 |
| ISSN: | 2063-2525 |