Az alkotmánybírósági önértelmezés és az alkotmánybíráskodás jellege

The present paper examines the constitutional courts' political and legal nature, which naturally stems from the function of the constitutional courts: the constitution is a valuecreating document enacted by the political community. The constitution is adopted as a result of political decisions. At the same time, the constitution is the document that created the legal system and thus must be enforced. A judicial body examines the enforcement of this political and legal document in Hungary. Since the Basic Law entrusts the examination of enforcement to a judicial body, dilemmas automatically follow: how far can the Constitutional Court reach, and how long can it narrow the legislature's scope? The simple theoretical answer to this question is as long as the unconditional enforcement of the Basic Law requires it. According to my paper, the answer is not so simple: the duality of constitutional courts' political and legal nature makes it challenging to examine them and determine the range of elements accounted for and measured in the judicial decision. Although the definition is complex, the research is still essential, as this is how we can examine what the Constitutional Court thinks about its own role, its position in the division of powers, and its function in the constitutional system.