In 1993, the Hungarian Constitutional Court upheld a draft law that would allow the prosecution of crimes committed during the 1956 uprising, despite the expiration of statutes of limitations. In reaching this result, the Court raised international law to the level of a constitutional standard by which Hungary's domestic laws would be judged. In this Article, the author examines the impact of the Court's decision to transform international law into domestic law. The author explores the implications of adopting international law on the relationship between the Court and other branches of the government, the development of domestic law, the growth of substantive rights, and the access of an individual to the Constitutional Court. The author also notes that these legal developments in Hungary will likely be played out in other Eastern European and former Soviet states.
Duc V. Trang,
The Incorporation of International Law and the Impact on Constitutional Structures and Rights in Hungary,
28 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol28/iss1/1