Emberi jogok (Human Rights in Africa) (original) (raw)

Véleményszabadság vs. emberi méltóság – Egy rejtélyes alaptörvény-módosítás nyomában

2016

The paper examines to what extent the Constitutional Court of Hungary relied – after the Fundamental Law took force – on formerly elaborated justifications and arguments in the course of interpreting the freedom of speech and human dignity. The contents of the text of the Fundamental Law taking force on 1 January 2012 was identical with the text of the previous Constitution. According to Article IX para. (1) of Fundamental Law: everyone shall have the right to freedom of speech. However, according to the provision incorporated into the fourth amendment of the Fundamental Law, “the right to freedom of speech may not be exercised with the aim of violating the human dignity of others” [Article IX para. (4) of Fundamental Law]. This results in a difference between the text of Article IX of the Fundamental Law and the text of the previous Constitution in interpreting the freedom of speech, namely Article IX para. (4) focuses in particular on personality protection. The paper attempts to ...