Abstract
Since 2018 the Fundamental Law of Hungary (the Constitution) has provided for the protection of the Christian culture of Hungary as an obligation of all organs of the State. The Fundamental Law does not commit the Hungarian State to Christian religion or to Christian culture in general, but specifically to the cultural tradition of the country. Despite the recognition of the cultural role of Christianity, the Constitution remains neutral with regard to religion and the freedom of religion is recognised. The constitutional provision discussed in this study, i.e. Article R) para. 4, expressly identifies the culture of Hungary as a culture shaped by Christianity. Culture was born from faith, but faith cannot be born from a historic legacy and even less from a constitutional provision. Thus, the aim of the constitutional legislator was undoubtedly to place a stronger emphasis on the identity of the nation.
Highlights
According to Article R) para. 4 of the Fundamental Law of Hungary1 – the paragraph was introduced by the seventh amendment to the Fundamental Law in 2018 – ‘[t]he protection of the constitutional identity and Christian culture of Hungary shall be an obligation of every organ of the State’.2 The Fundamental Law does not commit the Hungarian State to Christian religion or even to Christian culture in general, this way it is neutral with regard to religion
The aim of the constitutional legislator was undoubtedly to afford the identity of the nation with a stronger emphasis and protection; formerly, that is before the seventh amendment, national identity was only protected by a reference contained in the Fundamental Law’s preamble – the so called ‘National Avowal’ – where the ‘Christian heritage’ is mentioned.[3]
The new wording of the constitutional provision raises the question if Christianity can be protected by a constitution? Can the state uphold a culture rooted in Christianity? If culture can be seen as the fruits of religion, what happens if wide parts of society lose their faith? Can fruits be protected without living roots? This article is an attempt to answer these questions
Summary
According to Article R) para. 4 of the Fundamental Law of Hungary1 – the paragraph was introduced by the seventh amendment to the Fundamental Law in 2018 – ‘[t]he protection of the constitutional identity and Christian culture of Hungary shall be an obligation of every organ of the State’.2 The Fundamental Law does not commit the Hungarian State to Christian religion or even to Christian culture in general, this way it is neutral with regard to religion. 4 of the Fundamental Law of Hungary1 – the paragraph was introduced by the seventh amendment to the Fundamental Law in 2018 – ‘[t]he protection of the constitutional identity and Christian culture of Hungary shall be an obligation of every organ of the State’.2. The aim of the constitutional legislator was undoubtedly to afford the identity of the nation with a stronger emphasis and protection; formerly, that is before the seventh amendment, national identity was only protected by a reference contained in the Fundamental Law’s preamble – the so called ‘National Avowal’ – where the ‘Christian heritage’ is mentioned.[3] The new wording of the constitutional provision raises the question if Christianity can be protected by a constitution? Can the state uphold a culture rooted in Christianity? Can fruits be protected without living roots? The new wording of the constitutional provision raises the question if Christianity can be protected by a constitution? Can the state uphold a culture rooted in Christianity? If culture can be seen as the fruits of religion, what happens if wide parts of society lose their faith? Can fruits be protected without living roots? This article is an attempt to answer these questions
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