Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

New Institutions in Socialist Constitutional Law: the Polish Constitutional Tribunal and the Hungarian Constitutional Council

New Institutions in Socialist Constitutional Law: the Polish Constitutional Tribunal and the... 343 NEW INSTITUTIONS IN SOCIALIST CONSTITUTIONAL LAW: THE POLISH CONSTITUTIONAL TRIBUNAL AND THE HUNGARIAN CONSTITUTIONAL COUNCIL KLAUS-JÜRGEN KUSS University Lecturer, Free University of Berlin 1. Introduction The establishment of separate and specialized institutions dedicated to exercising control over the constitutionality of statutes and administrative regulations in Poland (Constitutional Tribunal) and Hungary (Constitutional Council) marks a new period in the constitutional history of socialist systems. This reform, as well as the considerable expansion of judicial con- trol over administrative activity in both countries, appear to be logical conse- quences of a change in constitutional theory which accepts the binding force of the constitution and the necessity of legal guaranties designed to ensure the observance of its provisions. From a theoretical point of view the interest of Western jurists is focused on the mechanism by which the legislators solve the conflict between constitutional control and the supremacy of parliament. This dogma of supremacy has until now prevented, and continues to pre- vent, the introduction of efficient instruments of control in other socialist countries and elsewhere. Before dealing with the election, composition, jurisdiction and procedure of the new institutions, I shall explain the historical background of constitutional control in the socialist http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Socialist Law (in 1992 continued as Review of Central and East European Law) Brill

New Institutions in Socialist Constitutional Law: the Polish Constitutional Tribunal and the Hungarian Constitutional Council

Download PDF
24 pages

Loading next page...
 
/lp/brill/new-institutions-in-socialist-constitutional-law-the-polish-jMBPBQ2nAa

References

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Brill
Copyright
© 1986 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0165-0300
eISSN
1875-2985
DOI
10.1163/187529886X00178
Publisher site
See Article on Publisher Site

Abstract

343 NEW INSTITUTIONS IN SOCIALIST CONSTITUTIONAL LAW: THE POLISH CONSTITUTIONAL TRIBUNAL AND THE HUNGARIAN CONSTITUTIONAL COUNCIL KLAUS-JÜRGEN KUSS University Lecturer, Free University of Berlin 1. Introduction The establishment of separate and specialized institutions dedicated to exercising control over the constitutionality of statutes and administrative regulations in Poland (Constitutional Tribunal) and Hungary (Constitutional Council) marks a new period in the constitutional history of socialist systems. This reform, as well as the considerable expansion of judicial con- trol over administrative activity in both countries, appear to be logical conse- quences of a change in constitutional theory which accepts the binding force of the constitution and the necessity of legal guaranties designed to ensure the observance of its provisions. From a theoretical point of view the interest of Western jurists is focused on the mechanism by which the legislators solve the conflict between constitutional control and the supremacy of parliament. This dogma of supremacy has until now prevented, and continues to pre- vent, the introduction of efficient instruments of control in other socialist countries and elsewhere. Before dealing with the election, composition, jurisdiction and procedure of the new institutions, I shall explain the historical background of constitutional control in the socialist

Journal

Review of Socialist Law (in 1992 continued as Review of Central and East European Law) – Brill

Published: Jan 1, 1986

There are no references for this article.