Constitution for a Disunited Nation

More than two decades after the post-communist constitutional transition, Hungary got into the spotlight again. As a result of the 2010 elections, the governing majority gained two-thirds of the seats in parliament, which made constitutional revision exceptionally easy, bypassing extensive political and social deliberations. In April 2011, on the first anniversary of the 2010 election, a brand new constitution was promulgated, named the Fundamental Law.

This collection (pdf) edited by Gábor Attila Tóth is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.

More details (pdf)>>

“Constitutionalism as a democratic practice to safeguard human rights can never be taken for granted. This book takes constitutionalism seriously – it is a guiding light for Hungary and beyond, and a forceful, enlightened intervention in complicated political times” – Susanne Baer, Justice, Federal Constitutional Court of Germany.

Share

Related articles

Drawing the Line

Freedom of religion and equality are fundamental rights, enshrined in human rights laws and constitutions around the world. This report, Drawing the Line: Tackling Tensions Between Religious Freedom and Equality, examines three interrelated aspects of these rights: religious freedom and equality for LGBT individuals, religious freedom and reproductive rights, and religious freedom as expressed through attire, hair, or other forms of religious appearance.

Second Needle and Syringe Program Shut Down in Budapest

It is a dark time for harm reduction in Hungary: another life-saving service has fallen victim to political paranoia.

Why was the search of the whistleblower’s home unlawful?

In November, 2013 András Horváth, former staff member of the Hungarian National Tax and Customs Administration turned to the public with his information on companies committing VAT fraud with the assistance of the National Tax and Customs Administration (NAV). The whistleblower decided to seek publicity after several unsuccessful attempts to raise the issue within the Administration and the government. The revelations resulted in huge media coverage and created an unresolved political scandal ever since.