Oldal 428 [428]
ISTVÁN STUMPE
of competence, that the Constitutional Court is obliged to prevent the operation
of legislation contrary to the Fundamental Law in the legal system. Ihe protection
of the Fundamental Law, and thus of the democratic state governed by the rule of
law, and the preservation of the internal unity of the legal system as part of it, is an
obligation of the Constitutional Court that can be deduced from the Fundamental
Law. The Constitutional Court has an obligation set forth in the Fundamental Law to
examine all laws that disrupt the internal unity of the legal system, especially those
that violate the unity of the Fundamental Law itself. Therefore, the Constitutional
Court has not only the right but also the obligation arising from the Fundamental
Law to protect the Fundamental Law against any legislative decision, even if it arises
from a two-thirds majority of the Parliament, which would impede, degrade the
enforcement of the provisions of the Fundamental Law, render uncertain the legal
content and scope of the Fundamental Law, its place in the hierarchy of sources
of law, and the content of the Fundamental Law as a constitutional criterion. The
Constitutional Court’s role in protecting the Fundamental Law includes its duty
to protect the Fundamental Law as a single and uniform document; with the
normative content and structure as created by the constitutional authority: as a
single and uniform legal document to be indisputable and stable for all.
5. Itis a constitutional requirement that the Fundamental Law may be amended
and supplemented only on the basis of Article S) of the Fundamental Law.
Provisions supplementing or amending the normative text of the Fundamental
Law must be incorporated into the normative text of the Fundamental Law (“order
of incorporation”). (...) The order of incorporation, as a constitutional requirement,
can be deduced from Article B (1) of the Fundamental Law, the requirement of the
rule of law, as well as Article S) of the Fundamental Law and the postamble of the
Fundamental Law. However, the constitutional authority may only incorporate
into the Fundamental Law objects of constitutional significance falling within
the scope of regulation of the Fundamental Law. With the amendments and
supplements to the Fundamental Law, the provisions that become part of the
Fundamental Law must be integrated into the structure of the Fundamental Law
in a coherent manner. Amendments to the Fundamental Law must therefore not
result in an insurmountable contradiction in the Fundamental Law. Coherence
in content and structure is a rule of law requirement arising from Article B (1) of
the Fundamental Law, which must be ensured by the constitutional authority.”
Therefore, the Constitutional Court Decision No. 45/2012. (XII. 29.) established,
in connection with the invalidity of constitutional amendments in public law, such
substantive requirements for constitutional amendments, to which the Parliament
18
Reasoning [82]
1 Reasoning [84], [86]
+ 426 +