The Central European history in constitutional preambles: state narrative and governance implications

Abstract

ABSTRACT The study deals with the historical narrative of the modern Central European constitutions. The earlier 20th century constitutions were also in some way responsive to historical changes, but in the post-1989 constitutions, the historical narrative has also acquired a strong legitimating function. This was partly related to the fact that several states gained state independence at the time. Another important aspect is the confrontation with the communist past. Typically the constitutional preambles deal with history. The normative nature of the preambles is disputed, but they can play an important role in the process of legal interpretation by constitutional courtes. The most interesting in this respect is the Hungarian preamble adopted in 2011, which is both the longest and the most ideological in the Central European region. The ideological elements in the post-transitional constitutions has not weakened over time, but rather strengthened. This is particularly obvious in Hungarian constitutional development. However, a strong historical narrative can sometimes become counterproductive. This is especially true for states, where there is no co-decision consensus on the judgement of certain key historical events and thus an one-sided presentation of historical issues can also make it difficult for constitutions to fulfil their social integration function.