This paper aims to examine the impact of significant crisis situations on the constitutional framework over the past decade, including financial crisis, migration, pandemics and war. The paper focuses on the Visegrad countries, especially Hungary, and analyses the constitutional amendments adopted and the relevant constitutional court decisions. By examining the justifications for the amendments and decisions, it is possible to observe the efforts of legislators and governing parties to overcome difficult governance situations in crisis management. The study aims to interpret the relationship between constitutional responses to social crises and crises of democratic political systems, and argues that the inherent feature of constitutional changes triggered by crises is that they remain part of the political system in the longer term. In turn, their impact determines not only the resilience of states and societies, but also the direction in which democratic systems evolve.
Publication Name: Hungarian Yearbook of International Law and European Law
Publication Date: 2022-01-01
Volume: 10
Issue: 1
Page Range: 409-423
Description:
This article aims to review the constitutional justifications for majority requirements arising from the democratic principle, and to analyze some current controversial cases. Although the qualified majority requirement is not a new institution in either the national constitutional systems or the functioning of the EU institutions, the democratic legitimacy of majority voting faces several challenges. In order to present aspects that should be re-evaluated in the light of certain new political strategies, this paper analyses the majoritarian requirements in the Treaties, in the rules of procedures of the European Parliament and also case studies pertaining to the constitution-making majority in Hungary and the controversial case of voting on the Sargentini-report. On the basis of this assessment, we may confirm but also reconsider the majority principle.