Introductory Editorial Note to the Hungarian Report: The Pre-2010 Rule of Law Achievements and the Post-2010 Illiberal Turn

Anneli Albi

doi:10.1007/978-94-6265-273-6_30

Abstract

The Editorial Note recalls that in the case of Hungary, from the perspective of constitutional law it is important to draw the attention of the reader to two distinct periods in the development of Hungarian constitutionalism: the period from the beginning of the post-communist constitutional reforms up to 2010, and the subsequent change of direction that was marked by the preparation and adoption of the new Fundamental Law in 2011. Whilst the report on Hungary focuses on the latter period, it should not be forgotten that in the aftermath of the post-communist constitutional reforms (until about 2010), the Hungarian constitutional system was widely acclaimed in Europe for the particularly extensive safeguards for the rule of law and human dignity established by the Constitutional Court.

Highlights

From the point of view of constitutional history, comparative European constitutional heritage and the questions explored in the project, it may be of interest for the readers to bear in mind that in the aftermath of the post-communist constitutional reforms, the Hungarian constitutional system was widely acclaimed in Europe for the extensive safeguards for the rule of law and human dignity established by the Constitutional Court, as part of the concept of the ‘invisible constitution’
Regarding judgments on human dignity, an extensive study of the relevant Hungarian judgments by Catherine Dupré revealed that whilst there was a general tendency for the judges to closely follow the German constitutional case law and reasoning, the Hungarian Constitutional Court selected those elements from the German doctrine that emphasised the individuality and autonomy of individuals, without importing the corresponding restrictions
This earlier case law was at the origins of some of the questions in the Questionnaire of the present research project, and is taken into account in the identification of comparative European constitutional achievements in the protection of fundamental rights and rule of law safeguards in the Comparative Study that accompanies the national reports (as explained in the Introduction to this book)

Summary

Introduction

In the case of Hungary, from the perspective of constitutional law it is important to draw the attention of the reader to two distinct periods in the development of Hungarian constitutionalism: the period from the beginning of the post-communist constitutional reforms up to 2010, and the subsequent change of direction that was marked by the preparation and adoption of the new Fundamental Law in 2011.

Results

Conclusion