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Convention Rights as Minimum Constitutional Guarantees? - The Conflict between Domestic Constitutional Law and the European Convention on Human Rights

Type of publication Not peer-reviewed
Publikationsform Contribution to book (non peer-reviewed)
Author Altwicker Tilmann,
Project Transnational Public Security Law
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Contribution to book (non peer-reviewed)

Book Constitutional Crisis in the European Constitutional Area: Theory, Law and Politics in Hungary and
Editor , Bogdandy Armin von
Publisher Hart, Oxford
Page(s) 331 - 350
ISBN 978-1-84946-464-2
Title of proceedings Constitutional Crisis in the European Constitutional Area: Theory, Law and Politics in Hungary and

Abstract

Constitutions and constitutional law are not immune to international criticism. Recently, this became obvious when the international community criticised in harsh words the new Hungarian Basic Law that entered into force in 2012. International criticism concerning constitutions is a new phenomenon and it certainly needs justification. A democratic constitution can be conceptualised as being endowed with the highest level of legitimacy possible for a domestic legal norm. To challenge a constitution by reference to international law is a demanding task. It relies on assumptions concerning the nature and functioning of international law that cannot easily be made.
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