Stumpf István - Strong állam - alkotmányos korlátok

István Kukorelli, professor, doctor of the Hungarian Academy of Sciences, former member of the Constitutional Court: István Stumpf's study volume was written in the spirit of sein and sollen, diagnosis and therapy, on a critical evaluation basis: the state order of the last quarter and the constitutional state of the future. His main slogans are democracy, the rule of law, constitutionality and good governance based on the sharing of power. The optimal size of the state, its role in society, the constitutional framework and institutional limitations of its power have been debated for centuries. How many states and where? For centuries, states have operated on a wide scale between liberal and totalitarian models of state order. It must be seen that the XX. One of the characteristics of the development of the state from the beginning of the 20th century to the present day is the increase in the weight of the executive power and the tasks of the public administration. István Stumpf’s thought-provoking book is a valuable contribution to this century-old debate, guiding us between the elective state and government models. The book reminds the reader of the thoughts of István Bibó, Francis Fukuyama and Zoltán Magyary: after the adoption of the new Basic Law, the question is not how to reduce statehood, but how to rebuild a (smaller?), Stronger and more efficient state, within a constitutional framework. Here, every word and emphasis has significance. The classic values ​​of constitutionality, above all the principle of the division of power, which is the essence of the fact that there is no unlimited and unrestricted power in a constitutional democracy, are rightly expected to be particularly emphasized in the book by the Constitutional Guard acting under oath. Without the bona fide co-operation of the branches of power and the constitutionality of the constitution at all times, a strong and active administrative state order can easily run down. Fans and players rightly expect the guards to be warned and blown away if there is such a constitutional rule. And the judge's decision must be respected. Mihály Bihari, professor emeritus, doctor of the Hungarian Academy of Sciences, former president of the Constitutional Court: István Stumpf's latest study volume ranges from birth defects of regime change to the founding of a new state. For 25 years after the revolution of the rule of law (19891990), the author claims that the state system, the constitutional system and especially the government must meet completely new tasks and challenges. But not only does it claim, but it systematically counts, it also describes what needs to be done: we need a new public burden, a new social contract. A system of good governance must be established, while ensuring stability and the controlled operation of political looting in the civil service. For the leading strata, whom the author calls political realists, he sets out in ten points and explains in detail the imperatives, unconditional commands that are obligatory in the age of global challenges to reinterpret the role of the state. A strong and active state is needed, with constitutional constraints, to curb abusive constitutionalism, that is, governmental supremacy. It is based on a strong rule of law, the separation of powers and the co-operation of powers, as well as the unconditional enforcement of constitutionality. An exciting, thought-provoking, very topical and thought-provoking book, István Stumpf's latest volume.