The Role of the Historical Constitution in Hungary

Abstract

Compared to other constitutions, the Hungarian Basic Law relies heavily on extra-legal elements. These include culture, religion, and history. Because of its historical references, some contemporary Hungarian authors consider the Basic Law to be archaic (e.g., Zoltán Szente), while others see it as the core element of sovereignty (e.g., András Zs Varga). This article first presents why the historical constitution was important at different stages in Hungarian history, and then during the creation of the Basic Law itself. The second part of the article describes how contemporary Hungarian constitutionalism refers to the historical constitution, and it gives an overview of how the historical constitution is applied in the practice of the Constitutional Court. Finally, the article draws conclusions as to how the historical constitution relates to the doctrine of the invisible constitution, a principle that was used in constitutional jurisprudence in the 1990s.