Revolution and Elite Negotiations: Deconstructing Constitutional Pathways in Hungary and Poland

Abstract

On the basis of Ackerman’s established classification of legitimate constitutional pathways (revolutionary, establishment and elite), this chapter considers the boundaries of the said pathways, particularly those of the revolutionary and the elite models. I do so by means of considering two case studies: Poland (an example of the revolutionary pathway according to Ackerman) and Hungary. While Ackerman does not explore in depth the latter case, he seems to characterize it as having followed an elite constitutional pathway. The comparative study of these two cases provides new insights on the constitutional development of the two countries, throwing light on the particular constitutional trajectory of the Central and Eastern European region. This leads to a critical approach to Ackerman’s constitutional theory, as the Polish and Hungarian cases point to the limits of the proposed three-fold classification. In particular, the extent which pathways overlap and get combined may render necessary to reconsider the classification itself. 

Keywords: Elite constitutionalism, Mixed constitutional pathways, Revolutionary constitutionalism, Hungary, Poland