Szuverenitás és alkotmányosság a globális erőtérben

Abstract

As a result of a longer process the ideal of rule of law got into conflict with the traditional concept of sovereignty. The rule of law gradually overcame the previously prevailing concept, i.e. rule by law. By popular demand sovereign power began to be challenged, and now it is taken for granted that sovereignty has certain limitations. In addition, from the middle of the 20th century a gradual convergence of national constitutional systems can be observed which are committed towards the democratic rule of law. This phenomenon is known for at least three aspects: the rejection of legislative supremacy, the spread of independent judicial review (constitutional) and the commitment to the protection of fundamental human rights. This is achieved by passing clauses limiting the powers of state authorities - particularly the government and by undertaking various obligations in order to observe constitutional guarantees. It is a much debated issue, whether a sovereign constitutional (or constitution modifier) power needs to unconditionally apply jus cogens international law or customary international law, which would restrict the authority of the constitutional powers.