The New Role of Constitutional Justice in the Decade before the Basic Law

Compromises, Identity and Legal Development

Abstract

Constitutional jurisdiction has been a new element of the Hungarian legal system upon the democratic transition and soon it has gained a determinative role in shaping the legal system. The Fundamental Law has reduced the political impact of the institution by placing it closer to the judiciary. The jurisprudence of the last decade shows that the Constitutional Court continues to have a significant role in shaping the legal system – free speech cases or issues concerning environmental law could serve as examples. The practice of the Constitutional Court is characterised by searching for compromises and finding a balance between the protection of national identity and the cooperation in the European Union.