Kálmán Kinga - Szentgáli-Tóth Boldizsár: New Perspectives on Comparative Constitutional Law: Methodological Bases and Challenges - Establishing a Global Database from the Practice of Constitutional Review During the Pandemic 

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The Questionnaire

SURVEY

(New perspectives of comparative constitutional law: methodological bases and challenges

Establishing a global database from the conduct of constitutional review during the pandemic[1])

Through the questionnaire we would like to get to know the following: the issuing court; the commonly used name of the case if applicable; the date when it has been revealed; the exact reference of the case if available; the link of its full text and its reference number (for example: Supreme Court of the United States; Biden v. Missouri; 13 January 2022; 21A240).

English or other world languages are preferred, but materials on other languages mean also a great assistance to complete our compilation of data. Apart from the links, word or PDF formats are also interoperable with our database.

 

Question 1. Has the constitution of your country been modified during the pandemic (since 11 March 2020, when the World Health Organisation declared Covid-19 as a pandemic)? If yes, has its constitutionality been reviewed?

                  Yes, and its constitutionality has been reviewed.

                  Yes, but its constitutionality has not been reviewed.

                  No

Question 2. Has any special legal order (e.g. state of emergency) been declared in your country during the Covid-19 pandemic since 11 March 2020? If yes, could you please link the full text of the main laws governing that in the country?

                  Yes

                  No

Question 3. Which is the highest judicial body in your country authorized to exercise constitutional review (hereinafter referred to in the survey as constitutional court regardless of the exact name and form of that body in your country)?

1.        Constitutional Court
2.        Supreme Court
3.         High Court
4.        Federal Court
5.        Plurinational Constitutional Court
6.        Federal Supreme Court
7.       Constitutional Council
8.         Constitutional Chamber of the Supreme Court
9.         Constitutional Tribunal

 

Question 4. Had the constitutional court full competence to conduct constitutional review during the special legal order? If not, please describe briefly, how the margin of movement of the constitutional court has been narrowed (answering this is optional)

                    Yes

                    No

Question 5. What kind of issues concerning the status, functioning and competences of main constitutional actors have been reviewed by the constitutional court in relation with the Covid-19 pandemic since 11 March 2020? More than one can be clicked at the same time

1. the legality of declaring public health emergency;
2. the addressee of the extra-ordinary authorization;
3. the vertical separation of powers during public health emergency;
4. the respect of formal legislative rules;
5. the functioning of parliaments during the pandemic;
6. the functioning of courts during the pandemic;
7. the prevalence of constitutional safeguards in criminal proceedings;
8. the constitutional status of autonomous regions, counties or municipalities;
9. the realization or postponement of scheduled elections;
10. other constitutional matters not specified.

           

Question 6. What kind of fundamental right violations were examined by the constitutional court in relation to the public health emergency since 11 March 2020? More than one can be clicked at the same time

1. human dignity;
2. equality;
3. freedom of expression;
4. freedom of religion;
5. freedom of assembly;
6. right to vote;
7. right to free enterprise;
8. right to free movement;
9. protection of personal data;
10. right to privacy;
11. or further fundamental right restrictions not enumerated).

 

Under questions 5. and 6, please provide the exact reference of the cases if available, and the link of their full text or at least their brief summary (English or other world languages are preferred, but materials on other languages mean also a great assistance to complete our compilation of data). Apart from the links, word or PDF formats are also interoperable with our database.

 

[1] This research is funded by project no. 138366. of the Hungarian Authority for Research and Innovation