Author(s): Ágnes VÁRADI

Title: PUBLIC EDUCATION IN THE CASE LAW OF THE HUNGARIAN CONSTITUTIONAL COURT WITH SPECIAL REGARD TO THE QUESTION OF ACCESS TO JUSTICE

Source: 11th International Conference of J. Selye University. Pedagogical Sections. Conference Proceedings

ISBN: 978-80-8122-333-4

DOI: https://doi.org/10.36007/3334.2019.165-176

Publisher: J. Selye University, Komárno, Slovakia

PY, pages: 2019, 165-176

Published on-line: 2019

Language: en

Abstract: The 65th anniversary of the entry into force of the Protocol No. 1 of the European Convention on Human Rights stipulating the right to education, gives an opportunity to analyse the constitutional, human rights based interrelations of public education from several points of view. The current paper focuses on the case law of the Hungarian Constitutional Court in order to discover, how the questions related to public education appear in the constitutional law of a specific country. The paper introduces the constitutional framework of public education, the interpretation principles affecting the case-law of the constitutional court and the core statements relating to the content of public education as well as its institutional, organizational framework. As public education plays a significant role in the society, as it is interrelated to several other human rights and as the decisions can have a considerable impact on the future of the individual, it is highly important to enforce these principles efficiently. Therefore the paper also examines the question of access to justice in constitutional court procedures in the context of public education. The case law based analysis is completed by the reference to the findings of the relevant secondary literature. This way, with reference to a certain national example, the analysis can contribute to the better understanding and more efficient implementation of the most basic elements of the right to education.

Keywords: right to education, Hungarian Constitutional Court, access to justice, educational activity

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