During the last decades, several countries have entrenched a special subcategory of law, which is adopted by stricter procedural rules, than the requirements of the ordinary legislative process. These laws are enacted by qualified majority, by the consent of the two chambers of the legislation, they are subject to mandatory constitutional review before their promulgation, or additional safeguards are implemented in the ordinary legislative process. In my article, I would compare the experiences of three legal systems, France, Spain, and Hungary, which provide three different frameworks of qualified law. Nevertheless, I would provide further examples from Europe , Africa and Latin America to demonstrate better the diversity of legal concepts. My aim is to identify the most contested issues from the legal nature of qualified laws, and to seek the proper solutions of these issues, as well as an ideal model of qualified law.-Firstly, on the ground of different national experiences, I would seek for a broadly acceptable definition of qualified law.-Secondly, I would briefly compare the historical background of the three emerges. An important common point would be the role of qualified laws during any process of democratic transition.-Thirdly, the scope of qualified law differs significantly from country to country, consequently, I would continue with this issue by arguing for a narrower scope of qualified law.-Fourthly, qualified law may have a special position in the hierarchy of norms, somewhere between statutory and the constitutional level, so I would cover this aspect. I would focus on the level of precision of constitutional articles in this regard.-Furthermore, the separation of powers perspective of qualified laws would be taken into consideration: the neglect of two-third majority, and the mandatory a priory review.-As the main outcome, certain points would be highlighted for a potential constitution-drafting process.
Our paper focuses on the impact of populism on the functioning of constitutional democracy in Europe. To analyse such a complex issue, a survey has been elaborated, which tries to outline how the current populist tendencies influence the institutional framework of constitutional democracy and to what extent such parties aim and are able to undermine the long-term prevalence of rule of law. To achieve this goal, the survey monitors, amongst others, the use of referenda in European countries; the presence of instruments of participatory and direct democracy; which are the political programme of populist parties, and in particular what are their ambitions concerning institutional reforms; whether the status, the independence, the competence and the composition of the constitutional court and the judiciary are contested. The survey also examines whether the protection standard of the most important fundamental rights are relativized, or are intended to be relativized by the populist parties of the different countries. We approached young constitutional scholars from certain member states, at the initial stage of their academic career, and asked them to fill the survey.
During the 19th century, several Irish authors looked for those smples from Europe, which might be inwoked during the targeted reconsideration of the Irish-British relationship. The Irish aim was to establish a dualist monarchy with Great Britain, or at least to achieve a broader autonomy within the Empire. For this purpose, Hungary was also often seen as a proper example, how a smaller nation could strenghten its position within a larger country. The Irish constitutional literature, and also the newspapers discussed the compromise between Austria and Hungary in 1867, and called for a similar agreement between Ireland and England to provide broader self-determination for Ireland. The study would outline the main arguments of these contemporary contributions, and would assess, how the real Hungarian development, and a mainly idealized image from Hungary influenced the Irish public discourse during that period. Special highlight would be given to a book published by Arthur Griffith, an important politician of that period, “The Resurrection of Hungary” which provided a detailed narrative from the Hungarian development, and used this sample as an argument in the particular Irish political context. Griffith was also one of the key figures of the negotiations in 1921, which lead finally to the agreement between Ireland and England, therefore, this Hungarian orientation had also clear practical impact. My purpose is to demonstrate this influence on the basis of the original, contemporary Irish sources.
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