The Case of Hungary: Beyond the Rule of Law

Abstract

Developments in Hungarian constitutional law after 2010 suggest that the era in Hungarian constitutionalism characterized by a commitment to the rule of law has been replaced by an era where the law is regarded as an instrument available to government to rule. The Constitutional Court’s attempts to continue the legacy of pre-2010 constitutionalism were reproached by the government delimiting the powers of the Court or overruling its decisions in amendments of the constitutional text. The independence of the judiciary was also challenged by the two-third majority government through administrative and legislative means. Although European fora pointed out the deficiencies, the respect for the rule of law has significantly declined and the government got rid of the substantive bounds of this principle. The paper focuses on these developments by:

(1) giving a short introduction into the constitution-making and amending practice of the governing majority from 2010 to 2018,

(2) emphasizing the changes related to constitutional jurisdiction and the competences of the Constitutional Court, and

(3) outlining the challenges on judicial independence and the on-going establishment of separate administrative courts.

Keywords: Rule of Law, Hungarian Constitutional Court, Judiciary

JEL Classification: K10