Constitutional Law at Hungary
Hungary's constitutional framework is primarily defined by the Fundamental Law of Hungary, adopted on April 18, 2011, and effective from January 1, 2012. This document replaced the 1949 Constitution, marking Hungary's first constitution adopted within a democratic framework and following free elections. (Constitution of Hungary)
🇭🇺 Key Features of the Fundamental Law
1. Preamble and National Identity
The preamble emphasizes Hungary's Christian heritage, national identity, and historical continuity. It references the Holy Crown, God, and Christianity, and underscores the importance of traditional family values. These references have been subjects of controversy, as they reflect a conservative Christian worldview despite Hungary not being a particularly devout country. (Constitution of Hungary)
2. Marriage Definition
The Fundamental Law defines marriage as a union between one man and one woman. While same-sex couples may legally register their partnerships, this definition has been criticized for excluding same-sex marriages and for not explicitly prohibiting discrimination based on sexual orientation. (Constitution of Hungary)
3. Fetal Protection
The constitution includes a provision stating that the life of a fetus begins at conception and should be protected from that moment. Although this provision does not immediately affect abortion laws, it has raised concerns about potential future restrictions on reproductive rights. (Hungary: New Constitution Signed into Law | Library of Congress)
4. Judicial Independence and Constitutional Court
The Fundamental Law has been criticized for undermining judicial independence. In 2013, the government passed a controversial amendment that severely limited the authority of the Constitutional Court, allowing it to review only procedural aspects of laws endorsed with a two-thirds parliamentary majority. This change has been viewed as a means to consolidate power and reduce checks on legislative actions. (Hungary defies critics over change to constitution - BBC News, Hungary approves law changes – DW – 03/11/2013)
5. Fiscal and Electoral Reforms
The constitution introduced a debt ceiling, capping Hungary's public debt at 50% of GDP. It also reformed the Fiscal Council, granting it veto power over the budget and the right to dissolve Parliament for failure to adopt an annual budget by March 31. (Hungary: New Constitution Signed into Law | Library of Congress)
6. Homelessness and Public Order
The Fundamental Law allows for fines or prison terms for homeless individuals who sleep on the streets, a provision that has been widely criticized by human rights organizations as a violation of basic human dignity. (Hungary defies critics over change to constitution - BBC News)
⚖️ Amendments and Controversies
Since its adoption, the Fundamental Law has undergone several amendments, often referred to as "cardinal laws," which require a two-thirds majority in Parliament to change. These amendments have included changes to electoral laws, the judiciary, and civil liberties. Critics argue that these frequent amendments have been used to entrench the ruling party's power and to undermine democratic institutions. (Hungary defies critics over change to constitution - BBC News)
📘 Accessing the Constitution
The full text of the Fundamental Law of Hungary is available in English at the official Hungarian government website: https://www.kormany.hu/en/government/the-fundamental-law.
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