On the Role of the Hungarian Constitutional Court on the Right to Vote

Abstract

While they may seem synonymous, the fundamental and the constitutional aspects of the right
to vote are not entirely identical concepts. The constitutional courts of individual states protect
the right to vote within the framework of abstract norm control. Another aspect of fundamental
rights protection is fundamental rights adjudication extending to specific cases. Since 2012,
constitutional complaints against judicial decisions have provided an effective opportunity for
this.
From the perspective of fundamental rights protection in relation to right to vote, the principles
of equality before the law and the prohibition of discrimination are of paramount importance.
From the aspect of constitutionality, key issues include popular sovereignty, democracy,
separation of powers, the rule of law, and pluralism.
Besides the German Federal Constitutional Court, which can be considered a benchmark,
electoral adjudication constitutes a prominent jurisdiction of judicial bodies in other states as
well.