A népszavazáshoz való jog mint alapjog

Absztrakt

Political parties have always played an important role in the organization of national referenda in Hungary since the first referendum act came into effect following the political system change in 1989. The role of parties in referenda has arisen due to uncertainties over the content of the constitutional right to referendum. Does this right only mean there is a constitutionally guaranteed right for a citizen to participate in national referenda (i.e. the right to participate in national referenda), or does it mean there is a constitutional guarantee encompassing the entire process (including e.g. collecting signatures, i.e. the right to initiate a referendum). The answer to this question also defines the role of the parties in a referendum procedure. If the right to referendum is restricted to only participation in national referenda, then in case the Supreme Court refuses a referendum proposal, parties would obviously not be entitled to submit a constitutional complaint to the Constitutional Court against this decision stating the violation of their fundamental rights. However, if the right to referendum is extended to every stage of the referendum process (including e.g. collecting signatures), then parties should also be entitled to submit a constitutional complaint to the Constitutional Court because of the violation of their constitutional right to referendum. In this case parties are eventually entitled to enforce a national referendum in a country. This paper is intended to discuss these questions according to the jurisprudence of the Hungarian Constitutional Court.