CEU Electronic Theses and Dissertations, 2011
| Author | Gedeon, Zsuzsanna |
|---|---|
| Title | Constitutional Constraints on Elective Dictatorship - Hungary, United States and France |
| Summary | Elective dictatorship became a crucial problem of all types of governments due to the emergence of parties. When the same party controls the executive power and the majority of the legislative power, separation of powers, fusion of powers and other traditional checks lose their effect of securing liberty and democracy. The main focus of this research is identifying solutions to this problem, in the parliamentarian Hungary, presidential US and semi-presidential France. The main argument of the thesis is that although parliamentary systems, such as Hungary, are the most threatened by elective dictatorship, there are certain institutions and tools in such a system that are the most capable of opposing elective dictatorship. Opposition rights are analyzed through supermajority requirements and the standing right of the opposition to constitutional courts. The main finding of the thesis is that the parliamentarian Hungary is the most capable of opposing elective dictatorship through these two specific rights. This conclusion suggests that there are certain institutions in a parliamentary system, such as the theory of opposition rights, that should be used more intentionally and should be developed further to oppose elective dictatorship, instead of concentrating on the traditional checks that are not working anymore. |
| Supervisor | Uitz, Renata |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/gedeon_zsuzsanna.pdf |
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