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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
Review of Socialist Law (in 1992 continued as Review of Central and East European Law) – Brill
Published: Jan 1, 1986
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