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7 - Constitutional Transformation: Hungary

from III - Constitutional Drafting and Revision

Published online by Cambridge University Press:  17 February 2022

By
Yaniv Roznai
Edited by
David S. Law
David S. Law
Affiliation:
University of Virginia
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Summary

This chapter uses recent developments in Hungary to examine how the equivalent of political revolution can occur through changes that are, taken individually, in compliance in the constitution but collectively amount to wholesale transformation of the constitutional order. It confronts the question of what limits, if any, exist on constitutional revolutions of this type.

Keywords

Constitutional TransformationConstitutional ChangeConstitutional CourtDemocratic TransitionConstitutional AmendmentJudicial ReviewDemocratic BackslidingHungaryIsraelConstitutional ReplacementConstitution-makingFideszDemocratizationOrbanPost-Communist Transitionauthoritarianism
Type
Chapter
Information
Constitutionalism in Context , pp. 136 - 156
Publisher: Cambridge University Press
Print publication year: 2022

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References

Primary Sources

Albert, Richard, ‘Constitutional Amendment and Dismemberment’ (2018) 43(1) Yale Journal of International Law 1.Google Scholar
Contiades, Xenophon and Fotiadou, Alkmene, ‘Models of Constitutional Change,’ in Contiades, Xenophon (ed.), Engineering Constitutional Change: A Comparative Perspective on Europe, Canada and the USA (Routledge, 2013) 417.Google Scholar
Jacobsohn, Gary J., ‘Making Sense of the Constitutional Revolution’ (2012) 19(2) Constellations 164.Google Scholar
Tushnet, Mark, ‘Constitution-Making: An Introduction’ (2013) 91 Texas Law Review 1983.Google Scholar

Secondary Sources

Halmai, Gábor, ‘The Reform of Constitutional Law in Hungary after the Transition’ (1998) 18 Legal Studies 188.Google Scholar
Kovács, Kriszta and Tóth, Gábor Attila, ‘Hungary’s Constitutional Transformation’ (2011) 7 European Constitutional Law Review 183.CrossRefGoogle Scholar
Paczolay, Peter, ‘Constitutional Transition and Legal Continuity’ (1992) 8 Connecticut Journal of International Law 559.Google Scholar
Priebus, Sonja, ‘Hungary,’ in Fruhstorfer, Anna and Hein, Michael (eds.), Constitutional Politics in Central and Eastern Europe (Springer, 2016) 101.Google Scholar

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