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Part I Framework, 7 Preserving the Acquis of Transformative Constitutionalism in Times of Constitutional Crisis: Lessons from the Hungarian Case

Pál Sonnevend

From: Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune

Edited By: Armin von Bogdandy, Eduardo Ferrer Mac-Gregor, Mariela Morales Antoniazzi, Flávia Piovesan, Ximena Soley

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 August 2020

Using the example of Hungary, I argue in this chapter that transformative constitutionalism can only be successful if it is accompanied by social and economic progress, goods that are normally delivered by the political processes. Should the political processes fail to deliver progress or instead lead to strong political and economic crises, the acquis of transformative constitutionalism may be gravely damaged. However, the example of Hungary also shows that outsourcing parts of constitutional functions to international or supranational organizations may help to preserve basic values in times of constitutional crisis. The concerted action of the European Union, the Venice Commission, and the European Court of Human Rights was able to respond to almost all of the most serious flaws of the recent constitutional reforms of Hungary. Thus, European institutions contributed to creating a situation where self-healing through domestic processes is still possible.

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