History Hungarian Constitution of 1949

1 history

1.1 adoption , amendments
1.2 1989 reforms
1.3 developments 1990 2010

history
adoption , amendments

1949 postage stamp commemorating constitution adopted year

following end of world war ii , after country had been occupied soviet union, democratic elections held under statute viii of 1945. then, statute of 1946, provisional constitutional statute (or little constitution ) passed on 31 january, formally ended thousand-year monarchy , introduced republican form of government. in 1949, after hungarian working people s party had assumed undisputed control of country, communist-controlled parliament adopted constitution act xx of 1949. date of adoption, 20 august, made new national holiday coincided traditional holiday of feast of saint stephen. document has been described slavish imitation of soviet-type constitutions, variations resulting historical , political differences between soviet union , hungary . (specifically, modelled on stalin 1936 soviet constitution.) now, hungary became people s republic, state of workers , working peasants . presidential council elected parliament head of state, real power rested working people s party, leading role enshrined in document. national assembly met ten days each year, rules taking form of presidential , ministerial decrees. variety of fundamental rights guaranteed, working people (or in accordance interests). moreover, no means existed of ensuring these rights mandatory nature or of rendering them enforceable. church , state separated.

until 1989, charter s basic features remained in effect, although regime added important amendments in 1950, 1953, 1954, 1972, , 1983. notably, act of 26 april 1972, comprehensively redrafted constitution, proclaiming hungary socialist state. while social, economic , political order remained same, fundamental rights guaranteed citizens (but rights, freedom of speech, press or assembly, still had conform interests of socialism , people). preamble still paid tribute soviet liberators took longer historical perspective, referring millennium of people s struggle. role of mass movements , trade unions (in addition party) in building of socialism acknowledged, equal ranking of state , cooperative ownership asserted, , private producers recognised, long did not violate collective interests . moderate liberalisation continued set in during ensuing years, act ii of 1983 set constitutional council, intending watch on constitutionality of legal rules giving internal review; , act x of 1987 limited presidential council s authority issue law-decrees. reforms accelerated in 1989, act envisaging establishment of constitutional court , lifting political restrictions on exercise of fundamental rights, , act viii introducing motion of no confidence vis-à-vis council of ministers , members.

1989 reforms

from 1988 on, economic situation deteriorated , opposition groups emerged, idea of preparing new constitution emerged. reform communists , opposition took account of development @ hungarian round table talks in mid-1989, desiring document establish multiparty system, parliamentary democracy , social market economy. however, time constraints did not allow new constitution written. on 18 october, national assembly adopted comprehensive amendment 1949 constitution, allowed document prevail until new constitution framed. reform (act xxxi of 1989) first thoroughgoing constitutional transformation in soviet bloc. adopted normal constitutional amendment, @ least two-thirds of mps approving, , went effect on 23 october, anniversary of hungarian revolution of 1956.

the 1989 reform established hungary independent, democratic, constitutional republic both civil democratic , democratic socialist. economy social market one, planning employed , public , private property enjoying equal protection. people sovereign, parties functioning freely. among new features introduced weak presidency , strong parliament oversight powers, checks , balances, limitations on authority of prime minister, provisions referendums, , independent judiciary. outside preamble, references socialism deleted. constitutional court, members elected two-thirds of parliament, can annul laws declared unconstitutional, , has broad jurisdiction. parliamentary term reduced 5 4 years. human rights emphasized, reference international covenant on civil , political rights , international covenant on economic, social , cultural rights. changes all-encompassing: said, exaggeration, 1 provision remained untouched: budapest capital of hungary . however, form of state not changed; still described parliamentary democracy parliament supreme organ of state power , popular representation retained power elect highest executive , judicial officers of state.

andrew arato, expert on constitutions in new democracies, places 1989 text under post-sovereign constitution making paradigm, called because no single body full powers tasked drafting new constitution. rather, model involves body such round table of major political forces drafting interim constitution, followed freely elected 1 composing final draft. aside poland , hungary, method used several years later create constitution of south africa. in hungary, preamble of 1989 modification referred temporary character, fact recalled when replaced entirely new constitution on 2 decades later.

developments 1990 2010

after 1989, constitution amended multiple times. first changes came in 1990 when, after free elections brought opposition power, references democratic socialism , planned economy dropped. (when these had been included half year earlier, communists thought more popular these elections showed them be). year, pact between hungarian democratic forum (mdf), had won elections, , alliance of free democrats (szdsz), came in second, resulted in additional changes. president elected parliament rather directly; constructive vote of no confidence introduced; , areas in two-thirds majority required adopt law reduced, making governing easier. in exchange agreeing set of mdf proposals, Árpád göncz of szdsz elected president. in 1994, list of issues decided parliament ⅔ majority shortened, , constitutional court shrunk 15 11 judges. in 1995, when possibility of completing democratic transition via new constitution arose, amendment adopted requiring four-fifths of parliament agree drafting rules. enhanced supermajority provision meant ensure replacement constitution enjoy broad acceptance. in 1997 amendment streamlined judicial system, while later modifications allowed hungary join european union. in late 2010, new constitution being prepared, amendment passed restricting powers of constitutional court on budget-related laws. prior replacement, document included preamble , divided fifteen chapters 79 articles.

in mid-1990s, prime minister gyula horn unsuccessfully tried enact new constitution. in 2006, during ferenc gyurcsány s premiership, new charter drafted internal use mentioned holy crown of hungary , placed chief prosecutor of hungary under government control; contents not made public until 2011 debate on new constitution. when new constitution adopted year, included provision hungarians not recognize communist constitution of 1949, since basis tyrannical rule . thus, 1949 document, including changes made in 1989 , afterward, explicitly rejected.

at first, communist-era constitution retained in eastern europe, hungary s charter , extension political system did not command great deal of respect. fact preserved reflected tradition of gradualism in hungarian constitutional history; there no constitutional assembly or referendum confer additional legitimacy on new system. , in particular, enthusiastic constitutional court seemed more intent on applying german case law hungarian constitution. however, gained stature 1990s 3 reasons. first, process of gradual amendments allowed experimentation remedied of weaknesses. second, 1989 document became stable in 1997 when government abandoned plans drafting new constitution. finally, court never disregarded constitution altogether, remaining acutely aware of text.