Hungary: Orbán's constitution, a dangerous anachronism

The new Hungarian constitution approved by parliament on 18 April amounts to a milestone in the "national revolution" undertaken by Prime Minister Viktor Orbán. However, the daily Népszabadság argues that it recycles 19th century ideas which are a danger to the country.

This constitution is the brainchild of the government that legally holds power in this country — i.e. that of the dictatorship of a parliamentary majority [Prime Minister Viktor Orbán’s Fidesz which currently occupies two thirds of the seats in parliament]. It is such an anachronism that we can evoke a 19th century thinker, de Tocqueville, to realise that the dictatorship of the majority is a real danger to society.

This majority confuses “people” and “nation,” and sacrifices both on the altar of conflict between internal powers. When it sees fit, it places the People (that is to say the nation, in the 19th century sense of the term) before the State, and makes this the main point of reference for a strong government that will naturally be for the good of the people, the nation (“the population”). It views the State (the common interest) as a construction that can be imposed from above on the community of citizens. It breaks with European traditions and creates the conditions for authoritarian politics.

Traditionally in Europe, the constitution is a framework defined by the community of citizens for the conduct of common life. As we are not living through a revolutionary period, this framework cannot be defined by a parliamentary majority, because in a democracy the parliamentary majority is subject to change, while the constitution is supposed to endure and serve the interests of the entire community in a manner that is independent of political fluctuation. Wise countries entrust this legal guardianship to a group of representatives from different political backgrounds rather than to referenda of doubtful value.

The new constitution is not a citizens’ constitution. This, since Hobbes and Locke, would have been a community consensus based on the free will of citizens to govern common life. Hobbes and Locke have been criticised for failing to take into account that a community organised on these principles would not be viable, because the social contract must also take into account the cultural heritage that is specific to the community.

Majority of Hungarians remain indifferent to this new constitution The authors of the new constitution were conscious of this, a fact that amplifies their responsibility for a definition of cultural space in which the citizens of Hungary must (should) live. This space is the product of the victory of the current majority in the cultural struggle – as if there can be a winner in this Kulturkampf. In short they are trying to breathe new life into principles which played a revolutionary role in the 19th century, but which today are slogans for populism. The symbols of times past are little more than allegories. They are trying to impose a monochrome nationalism that refers to the crown of Saint Stephen [the 10th century founder of the kingdom of Hungary] instead of a multi-hued patriotism, at a time when Hungary is part of the European community, whose nation states have been replaced by cultural states.

In this regard, we should bear in mind one of the fundamental ideas of Saint Augustine’s De civitate Dei [The City of God] – that constitutions and written laws do not confer any moral obligation if they are not the expression of a constitution inscribed in the minds of citizens. Without such moral support, the force of the state can be a major threat.

The overwhelming majority of Hungarians remain indifferent to this new constitution. This majority will begin to protest when they have to contend with laws drafted in line with the spirit of the National Creed [included as a preamble to the new constitution], which will make them uncomfortable. And when the community is then forced to seek a legal framework to express its discontent, without finding one, it will certainly miss the abandoned constitution of the 3rd Republic. For the nation, this will be a descent into hell

Counterargument

History reconquered
The adoption of the new constitution is "a historic moment," remarks Magyar Nemzet. The centre-right newspaper reminds its readers that the committee of experts who penned the preceding 1989 constitution, which was adapted from a document dating from 1949 in the wake of the fall of the communist regime, did not intend it to be permanent. The daily also points out that “more than a million citizens took part in the national consultation” organised by the government as part of the drafting process, and insists that “those who would like to replace this constitution should obtain an equally legitimate mandate.”

The daily defends the National Creed, included as a preamble to the constitution, which has also been the subject of heated debate. Arguing that “no political community can live without common values and an accepted common history,” it claims that the constitution marks a break “with the inheritance of dictatorship,” and provides the means “to reconquer our history, which has so often been denied and falsified. Does that mean it is a document that looks to the past? Not at all. History remains ongoing.”

Hungarian Constitution (in English).
http://tasz.hu/files/tasz/imce/alternative_translation_of_the_draft_constituion.pdf
May God Bless the Hungarian People!

Fundamental Law of Hungary

‘O Lord, blessed be the Hungarian nation’1

National Avowal of Faith

At the dawn of a new millennium, we MEMBERS OF THE HUNGARIAN NATION declare
the following, with a bond of duty to all Hungarians:
We are proud that one thousand years ago our king, Saint Stephen, based the Hungarian State on
solid foundations, and made our country a part of Christian Europe.
We are proud of our ancestors, who fought for the survival, freedom and independence of our
country. We are proud of the outstanding intellectual achievements of the Hungarian people.
We are proud that this people fought in defence of Europe for many centuries and, through its
talent and diligence, has contributed to the enrichment of the common European heritage.
We acknowledge the role Christianity has played in preserving our nation. We respect all our
country’s religious traditions.
We promise to preserve the intellectual and spiritual unity of our nation, torn apart by the storms
of the past century. We consider the nationalities and ethnic groups living in Hungary to be
constituent parts of the Hungarian nation.
We pledge to cherish and preserve our heritage: the Hungarian culture, our unique language, and
the man-made and natural riches of the Carpathian Basin. We recognise a bond of duty towards
our nation’s future generations; we shall therefore strive to preserve and enhance the
circumstances of those who come after us by sound management of our material, intellectual and
natural resources.
We believe that our national culture makes a rich contribution to the diversity of a unified
Europe.
We respect the freedom and culture of other peoples, and shall endeavour to work together with
all nations of the world.
We proclaim that the basis of human life is human dignity.
We proclaim that individual freedom can only flourish through cooperation with others.
We proclaim that the family and the nation provide the fundamental framework for community,
in which the pre-eminent values are loyalty, faith and love.
1 This is the first line of the Hungarian national anthem – note of the translator.
2
We proclaim that the strength of a community and the self-esteem of every human being are
based on work and the achievements of the human spirit and mind.
We proclaim that we are duty-bound to help the vulnerable and the poor.
We proclaim that it is the common goal of citizens and the State to accomplish well-being,
security, order, justice and liberty.
We proclaim that true democracy may only exist if the State serves it citizens and administers
their affairs justly and without abuse or partiality.
We honour the achievements of our historical Constitution and the Holy Crown, which
embodies the constitutional continuity of Hungary and the unity of the nation.
We do not recognise the suspension of our historical Constitution that occured due to foreign
occupation. We declare that no statutory limitation applies to the inhuman crimes committed
against the Hungarian nation and its citizens under the national socialist and communist
dictatorships.
We do not recognise the legal continuity of the 1949 Communist “Constitution”, which laid the
foundations for tyranny, and hence we declare it to be invalid.
We agree with the members of the first freely-elected Parliament, whose first resolution declares
that our freedom has its roots in the Revolution of 1956.
We proclaim that the self-determination of our State, lost on 19 March 1944, was restored on 2
May 1990, with the formation of our first freely-elected representative body. That is the day we
consider to be the beginning of a new democracy and constitutional order for our country.
We proclaim that, after the moral defeats of the twentieth century, our need for spiritual and
intellectual renewal is paramount.
We trust in a future we can build together, as well as in the commitment of the younger
generations. We believe that through their talent, perseverance and moral strength our children
and grandchildren will re-establish the reputation of Hungary.
Our Fundamental Law shall be the basis of our legal system. It shall serve as a covenant between
Hungarians of the past, the present and the future; it is a living embodiment of the nation’s will,
an expression of the ideals by which we collectively aspire to live.
We, the citizens of Hungary,...etc.

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