匈牙利总统权力的形成:惯例、传统与非正式宪法修正案

IF 0.5 4区 社会学 Q3 LAW
A. Vincze
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引用次数: 0

摘要

在共产主义垮台之前,匈牙利没有共和党总统的传统,1989年的临时宪法也没有明确规定总统在匈牙利宪法体系中应该扮演的确切角色。有些条款甚至类似于总统制或半总统制;在过渡后的头二十年中澄清了一些含糊不清的地方。然而,惯例在某种程度上是建立起来的,有时非常迅速。这一时期产生了关于如何行使总统权力的指导方针。其他一些权力首先由宪法法院具体化和解释。这些惯例和司法解释形成了总统职位的性质,达到了非正式的宪法变更的程度。其中一些因素甚至被纳入新的《匈牙利基本法》并正式确定下来。本报告将指出,总统原本广泛的职权是如何在实践中被缩小的,以及宪法法院和政治行动者在这一进程中发挥了什么作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Shaping Presidential Powers in Hungary: Convention, Tradition and Informal Constitutional Amendments
There was no tradition of a republican president in Hungary before the fall of communism, and the transitory constitution of 1989 was unclear about the exact role the President should play in the constitutional system of Hungary. Some provisions even resembled those of presidential or semi-presidential systems; some ambiguities were clarified during the first two decades after the transition. Conventions, however, were established to some extent and sometimes very quickly. This period gave rise to guidelines as to how the powers of the President should be exercised. Some other powers were concretized and interpreted foremost by the Constitutional Court. These conventions and judicial interpretations formed the character of the Presidency to the extent of informal constitutional change. Some of these elements have even been incorporated into and formalized by the new Fundamental Law of Hungary. The present contribution will point out how the originally broad competencies of the President have been narrowed in the practice, and what role the Constitutional Court and political actors played in this process.
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
11
期刊介绍: Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.
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