Review article
CONSTITUTIONAL LEGAL SYSTEM OF HUNGARY IN THE LIGHT OF THE 2011 CONSTITUTION
László Heka
; Institute of comparative law – Faculty of Law in Szeged
Abstract
This paper aims at presenting the new constitution of Hungary, a member state of the EU which Croatia is to access. The mentioned Constitution came into force on 1 January 2012 causing since then numerous debates not only among the Hungarian public but the EU as well. It has also been discussed by those who heard of some constitutional solutions only from media or some political circles. Considering the importance of this legal act, the paper analyses it and points out to the recent constitutional amendments passed in shorter than a year. Passing the Constitution and its amendments in this short time span is possible only due to the two-thirds majority that current government has gained for the term of office from 2010-2014 so that it can independently pass all legal acts. In consistence therewith the law on privileged acquisition of citizenship for the Hungarians living abroad has been accepted providing dual citizenship possibility. The constitution comprises one of the longest preambles in Europe referring to the Christian roots, the meaning of the God and Christianity in preserving national awareness, indicating to a thousand-year history of the Hungarian statehood from the state founder St. Stephen until modern times. It also mentions the doctrine of the Hungarian Holy Crown, rejecting of the Nazi and Communist legacy, but it points out the importance of the family and nation constituting the foundation of social life. As for the governmental constitution and freedom and rights of the citizens, the Constitution is attached to earlier decisions with new regulations protecting the right to life from conception as well as amendments defining the marriage as a union for life between a man and a woman. The maker of the constitution has explained a need for a new constitution supported by the fact that Hungary as the only postcommunist (so called transitional) country did not pass a new constitution after the fall of communism but amended the one of 1949 in detail. Since it was not a unique fundamental act, final provisions of contemporary constitution mention the fact that it is the first ‘’unique consitution of Hungary’’. Since the consitution partly refers to historical facts, the introductory part deals with the Hungarian legal past followed by current foundations of the constitutional system in the context of the mentioned constitution.
Keywords
Constitution of 2011; amendments of 2013; national denomination; president of the Republic; Government; judicial power; Constitutional court
Hrčak ID:
120949
URI
Publication date:
30.12.2013.
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