Some Issues of Procedural Fundamental Rights and Procedural Constitutionality in the Fundamental Law

Abstract

The Fundamental Law introduced a significant change in the fundamental rights that set out the requirement of fair procedures. The novel, constitutional basis of fair administration is: “We hold that democracy is only possible where the State serves its citizens and handles their affairs in an equitable manner, without abuse and impartially.” Another fundamental right, the right to a fair trial, or the right to a court hearing in Hungary, which is closely related to this new fundamental right in its appearance in the constitutional norm, existed earlier, and it is related to the 1989 amendment to the Constitution. Of course, these two fundamental rights do not exhaust all the requirements set out in the constitutional norms in connection with the conduct of state (public authority) proceedings. The comprehensive framework and the source of these requirements is the rule of law requirement, the rule of law clause. In addition to the need for fairness deriving from human dignity (general freedom of action), in addition to the predictability of the rule of law clause, legality, proper exercise of rights and the right to a decision within a reasonable time, the democratic legitimacy of decision-making public authorities, majority decision-making and the principle of transparency can be deduced from the principle of democracy.