The Restriction of Fundamental Rights for National Security and Its Interpretation by the Constitutional Court of Hungary I.

Abstract

The question of restricting fundamental rights is coeval with the recognition and protection of fundamental rights by the state. However, the question arises as to where the limitations of each fundamental right lie, for how long they can take effect, and when their restriction is necessary and needed. National security interests are a special case of restricting fundamental rights. The debate on the restriction of fundamental rights has been given new impetus by the defence against terrorism in Western Europe, with this debate national security interests have come to the fore, as its constitutional aspects. In Hungary, the Constitutional Court has played primary role in establishing and shaping the content of fundamental rights. One of the priority areas of its interpretative activity is the question and practice of restricting fundamental rights. The first part of the study considers the role of the Constitutional Court as an interpretative and legal development in the context of concretising the content of fundamental rights. Furthermore, the reasons and objectives of the restriction of fundamental rights, and the case law of the Constitutional Court relating to the restriction of fundamental rights.