¿Puede la mayoría cualificada socavar la democracia? El caso de Hungría
This study focuses on the so-called «cardinal laws» in Hungary: my primary purpose is to provide a better understanding of this concept, and especially to conceptualize the historical role and function of this legal framework in Hungary, during the democratic transition, and even nowadays. Particula...
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| Format: | Article |
| Language: | Spanish |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6438517 |
| Source: | Teoría y realidad constitucional, ISSN 1139-5583, Nº 41, 2018, pags. 419-431 |
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| Summary: |
This study focuses on the so-called «cardinal laws» in Hungary: my primary purpose is to provide a better understanding of this concept, and especially to conceptualize the historical role and function of this legal framework in Hungary, during the democratic transition, and even nowadays. Particular highlight will be given to the special impact of cardinal laws under qualified parliamentary majority. During the last decades, several countries have entrenched a special subcategory of law, which is adopted by stricter procedural rules, than the requirements of the ordinary legislative process. These laws are enacted by qualified majority, by the consent of the two chambers of the legislation, they are subject to mandatory constitutional review before their promulgation, or additional safeguards are implemented in the ordinary legislative process. After having defined qualified law, and having provided a brief international overview, and outlined some further introductory considerations, I would focus on three aspects in Hungary: the historical background, the scope of qualified law, and the legal character of these norms. Under each point, the Hungarian development would be compared to the Spanish experience to demonstrate, why could be cardinal laws considered as a risk factor for democracy, and why this approach is not relevant as regard Spanish organic laws. |
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