Interpretation of Fundamental Rights in Central and Eastern Europe
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Date
2021
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Mádl Ferenc Összehasonlító Jogi Intézet, Central European Academic Publishing
Abstract
Fundamental rights have become increasingly important since the emergence of modern constitutionalism. The states of Central and Eastern Europe, as third-gen- eration countries of concentrated constitutional adjudication, and in leaving behind the legacy of state socialism, have faced challenges owing to the specificities of their recent history and the problems of transitioning to a democracy governed by the principle of the rule of law. These are substantially different from the problems that countries with first- and second-generation constitutional courts once had to solve, although they have many points in common. One such commonality is that, typically, new constitutions (or constitutions that can be considered new in sub- stance) have been adopted immediately after the end of a dictatorial regime, which, in contrast to the previous situation, already provided for a wide range of human rights. The enforcement of these rights was guaranteed everywhere in these states; however, the different historical situations had given rise to different responses.