Constitution and constitutional justice in the Central Europe (Poland, the Czech Republic, Slovakia, Hungary) - the project proposal
The objective of the project being submitted is to analyze influence of constitutional courts on the factual form of constitutions in the Central Europe. In this connection, the current topic is considered to be, e.g. an influence connected with application of general legal principles in decision-making through the manner of interpretation of the constitution and its material core, development of new rules, the issue of hierarchy of constitutional rules, or by interventions into extra legal, especially economic relations.
Based upon the performed analysis, a synthetic look should be created at the relation of the constitutional justice towards the text and factual form of the constitution in the countries under examination with an emphasis on elements, which show general tendencies in the given area.
All the general parts listed in the project curriculum (see I-V) must be conceived as the processing of factors influencing the manner of relationship of constitution courts towards the constitution and their impact on the factual form of constitutions, therefore not as complex understanding of the given development, theoretical concepts, etc. This approach is necessary for keeping the project and the subsequent monographic output in a compact form and scope.
The project and its output should be of generally theoretical and not of primarily comparative nature. However, a comparable amount of information on functioning of the constitutional justice in the countries, where the relationship of the constitution and constitutional justice is an object of this analysis, is necessary for fulfillment of the project.
From the aforementioned point of view, the first expected step is to process national reports on legal regulation and important problems of the constitutional justice in individual states. These national reports should also express, at least in a basic manner, the status of the constitutional justice with respect to issues, that are stated in the project curriculum, including a possible statement, that the said particular issues do not seem to be relevant in that particular state.
Following the processing of these national reports, an international conference of experts participating in the project will be held, at which the curriculum and requirements for elaboration of the final monographic output would be specified and where the project participants would commit to their share, or as the case may be, direction and coordination with regard to development of individual parts and sections. The output of the project will be a synthetic monograph with the curriculum corresponding to the curriculum of the actual project.