Constitution for a Disunited Nation

Gábor Attila Tóth is Associate Professor at the University of Debrecen, Faculty of Law. He is also Lecturer at the László Rajk College of Advanced Studies, Budapest.

• Preface Acknowledgments Introduction: From the 1989 Constitution to the 2011 Fundamental Law János Kis I. Legitimacy What Democracy Is? Ronald Dworkin Regime Change, Revolution and Legitimacy Andrew Arato Constitution-Making, Competition and Cooperation Zoltán Miklósi II. History and Community A Sacred Symbol in a Secular Country: The Holy Crown Sándor Radnóti From “We the People” to “We the Nation” Zsolt Körtvélyesi III. Human Rights Human Dignity: Rhetoric, Protection and Instrumentalisation Catherine Dupré Equality: The Missing Link Kriszta Kovács Freedom of Religion and Churches: Archeology in a Constitution-making Assembly Renáta Uitz IV. Institutional Design From Separation of Powers to a Government without Checks: Hungary’s Old and New Constitutions Miklós Bánkuti, Gábor Halmai and Kim Lane Scheppele Between Revolution and Constitution: The Roles of the Hungarian Constitutional Court Christian Boulanger, Oliver W. Lembcke Governance, Accountability and the Market Márton Varju V. European Perspectives No New(s), Good News? The Fundamental Law and the European Law András Bragyova Trees in the Wood: The Fundamental Law and the European Court of Human Rights Jeremy McBride VI. Appendix The Fundamental Law of Hungary Transitional Provisions of the Fundamental Law First Amendment of the Fundamental Law Bill on the Second Amendment of the Fundamental Law Opinion on the Fundamental Law of Hungary (Amicus Brief), Edited by Andrew Arato, Gábor Halmai and János Kis Opinion on the New Constitution of Hungary, European Commission for Democracy Through Law (Venice Commission) Bibliography Table of Cases Contributors Index

"The Fundamental Law of Hungary that came into effect on 1 January 2012, and the political and legal contexts that led to its promulgation, has been generating headlines that fit in with a general perception of the disappointing state of constitutionalism and democracy in eastern and central Europe. This edited collection contributes to such critical debates, and it should be placed in the wider context of the trials and tribulations of the post-1989 wave of constitutional and democratic reforms in the region. The two main aims of this book are stated in the introduction: to provide a 'comprehensive account of the Fundamental Law’s main attributes and its underlying principles', and to “examine a constitutional transition [in Hungary] from the perspective of comparative constitutionalism, legal theory and political philosophy'. There is a strong unifying theme clearly present in most of the contributions, and that is the exposition of the illegitimate nature of the Fundamental Law promulgated by the Fidesz Party, along with the danger that the current constitutional arrangements pose to the future of Hungary’s democratic and constitutional development. Most chapters off er analyses of the processes leading to Fidesz’s capture of the state, both politically and constitutionally, as if to send a general warning against allowing constitutional rules like the one that failed to prevent this process in Hungary."