Constitution of Hungary

Constitution of Hungary. The supreme legal document establishing the framework for the Government of Hungary and the rights of its citizens. The original text was adopted in 1949 during the era of the Hungarian People's Republic and was heavily amended after the fall of communism in 1989. It was replaced in its entirety by a new document, the Fundamental Law of Hungary, which entered into force in 2012 following the Fidesz-led government's supermajority victory in the 2010 Hungarian parliamentary election.

History

The first modern foundational charter was the April Laws of 1848, enacted during the Hungarian Revolution of 1848 against the Habsburg monarchy. Following the Austro-Hungarian Compromise of 1867, the December Constitution governed the Lands of the Crown of Saint Stephen. After World War I, the short-lived Hungarian Soviet Republic operated under a revolutionary decree. The post-war Kingdom of Hungary was governed by historical customs until the formal adoption of a charter in 1949 by the Hungarian Working People's Party. This document was modeled on the 1936 Soviet Constitution and solidified the rule of the Hungarian Socialist Workers' Party. It was substantially revised by the 1989 Hungarian constitutional referendum which transitioned the country to a democratic republic, an event symbolized by the reburial of Imre Nagy. The Pact of 1989 between reform communists and opposition groups like the Alliance of Free Democrats facilitated this peaceful transition.

Structure and content

The original 1949 document, as amended, established a parliamentary system with a National Assembly as the supreme organ of state power. It defined Hungary as an independent, democratic state under the rule of law. It contained sections on the fundamental rights and duties of citizens, the structure of the state including the roles of the President of Hungary and the Constitutional Court of Hungary, and the principles of the local governments of Hungary. Key provisions addressed the economy of Hungary, declaring the dominance of social ownership, though this was later modified. The text also outlined the competencies of the Government of Hungary, led by the Prime Minister of Hungary, and the judicial system headed by the Curia of Hungary.

Amendments

Between 1989 and 2011, the charter was amended numerous times. Major changes included the 1989 revisions that abolished the People's Republic and created the office of a parliamentary-elected president. Subsequent amendments dealt with Hungary's accession to NATO and the European Union, requiring constitutional authorization for the transfer of certain sovereign powers. Other significant changes were made following rulings by the Constitutional Court of Hungary, such as on issues of retroactive law. The process required a two-thirds majority vote in the National Assembly, a threshold achieved by various coalitions including the Hungarian Socialist Party and the Alliance of Free Democrats.

Fundamental Law of Hungary (2011)

The current constitution, officially titled the Fundamental Law of Hungary, was drafted by the Fidesz-KDNP coalition and promulgated by President Pál Schmitt. Its preamble, the National Avowal, references Christianity, Saint Stephen, and the Holy Crown of Hungary. Key changes include the reduction of the National Assembly from 386 to 199 members, the establishment of the Budget Council of Hungary with veto power, and the recognition of traditional family values. It also limited the jurisdiction of the Constitutional Court of Hungary over budgetary matters. The text was criticized for being adopted without broad political consensus from parties like the Hungarian Socialist Party and Politics Can Be Different.

Constitutional Court

The Constitutional Court of Hungary, established in 1989, became a powerful guardian of the charter. Its justices, elected by the National Assembly, could review the constitutionality of laws and had the authority of abstract norm control. Under the leadership of figures like Chief Justice László Sólyom, who later became President of Hungary, the court played a crucial role in shaping post-communist jurisprudence. Its landmark decisions often involved conflicts with the Government of Hungary, particularly during the premiership of Viktor Orbán. The court's powers and composition were altered by the new Fundamental Law of Hungary and subsequent Fourth Amendment to the Fundamental Law of Hungary.

Reception and criticism

The adoption of the Fundamental Law of Hungary sparked significant domestic and international debate. The Venice Commission, the advisory body of the Council of Europe, issued opinions raising concerns about judicial independence and the strength of checks and balances. The European Parliament and the United States Department of State have expressed criticisms regarding its impact on democracy. Domestic opponents, including the Hungarian Socialist Party and non-governmental organizations like the Hungarian Helsinki Committee, argued it consolidated power for Fidesz. Supporters, including the Hungarian Academy of Sciences and various religious groups, praised its emphasis on national identity and continuity. The law remains a central point of contention in Hungarian politics, influencing Hungary's relations with the European Commission.