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The new Hungarian Basic Law, which was ratified on 1 January 2012, provoked domestic and international controversy. Of particular concern was the constitutional text's explicit claim that it was situated within a reinvigorated Hungarian legal tradition that had allegedly developed over centuries before its violent interruption during World War II, by German invaders, and later, by Soviet occupation. To explore the context and validity of this claim, and the legal traditions which have informed the stormy centuries of Hungary's constitutional development, this book brings together a group of leading historians, political scientists and legal scholars to produce a comprehensive history of Hungarian constitutional thought. Ranging in scope from an overview of Hungarian medieval jurisprudence to an assessment of the various criticisms levelled at the new Hungarian Basis Law of 2012, contributors assess the constitutions, their impacts and their legacies, as well as the social and cultural contexts within which they were drafted. The historical analysis is accompanied by a selection of original source materials, many translated here for the first time. This is the only book in English on the subject and is essential reading for all those interested in Hungary's history, political culture and constitution.
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 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.
Across eighteenth-century Europe, political power resided overwhelmingly with absolute monarchs, with notable exceptions including the much-studied British Parliament as well as the frequently overlooked Hungarian Diet, which placed serious constraints on royal power and broadened opportunities for political participation. Estates and Constitution provides a rich account of Hungarian politics during this period, restoring the Diet to its rightful place as one of the era’s major innovations in government. István M. Szijártó traces the religious, economic, and partisan forces that shaped the Diet, putting its historical significance in international perspective.
This book presents compelling essays by leading Hungarian and foreign authors on the variety of social movements and parties that seek influence and power in a Hungary mired in deep and manifold crisis. The main question the volume tries to answer is: what can we expect after the fall of the semi-authoritarian Orb n regime in Hungary.ÿ Who will be the new players?ÿ What are their backgrounds? What are their political and social ideals, intentions and methods? The studies in the first section of the volume provide the reader with the reasons of the emergence of these new movements: a deep analysis of the historical, political and cultural background of the current situation. The second part contains essays and case studies which challenge the movements and parties involved to look beyond their current ineffectiveness, and to find ways of meeting the challenges that would allow them to exercise responsible and effective leadership in their time and place. This collection would be the first of the kind both in the field of movement theory/history and democracy studies because it reflects on very recent developments not researched in the international scholarly literature. One would not be able to understand contemporary Hungarian society without reading it before the 2014 elections.
Based on a professional lifetime of research, teaching and passionate scholarly debates, the author reassesses some of the key events, turning points, concepts, personalities, categories, institutions and legal framework on which Hungary’s constitutional and social progress rested from the mid-nineteenth to the early twentieth century.
This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.
67 texts, including hymns, manifestos, articles or extracts from lengthy studies exemplify the relation between Romanticism and the national movements in the cultural space ranging from Poland to the Ottoman Empire. Each text is accompanied by a presentation of the author, and by an analysis of the context in which the respective work was born.The end of the 18th century and first decades of the 19th were in many respects a watershed period in European history. The ideas of the Enlightenment and the dramatic convulsions of the French Revolution had shattered the old bonds and cast doubt upon the established moral and social norms of the old corporate society. In culture a new trend, Romanticism, was successfully asserting itself against Classicism and provided a new key for a growing number of activists to 're-imagine' their national community, reaching beyond the traditional frameworks of identification (such as the 'political nation', regional patriotism, or Christian universalism). The collection focuses on the interplay of Romantic cultural discourses and the shaping of national ideology throughout the 19th century, tracing the patterns of cultural transfer with Western Europe as well as the mimetic competition of national ideologies within the region.
The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.
Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe