ABSTRACT

This chapter examines the interplay between law and politics in the work of the Court. A constitutional court must therefore play a key role in ensuring the accountability of government to constitutional norms and international standards. The Court held that in the case of a human rights violation so serious that it was opposed to the legal perceptions of internationally protected human rights, positive law must give way to justice. Most commentators are inclined to lay most or all responsibility for the Court’s demise with the Judges themselves, particularly with their activist Chairman, Valerii Zorkin. The Hungarian Constitutional Court, working within the new Constitution adopted on 24 August 1990, has been called the strongest in the world. The Court is prevented from taking the initiative in impeachment proceedings; and whereas a single deputy had standing to apply to the Court, one fifth of the total membership of either house are required to present a constitutional question.