Carved in granite? Variable constitutional architecture in Hungary (2010-2018)

Abstract

Abstract: Scolpita nel granito? La struttura costituzionale variabile in Ungheria (2010-2018) – The Hungarian constitution called Fundamental Law of Hungary was adopted in April 2011 and came into force on 1 January 2012. However, at the time of its adaption it was promised that the new constitution is carved in granite (i.e. will be stable and unchangeable), in the past years it was amended seven times. Dismantling of the pre- 2010 constitutional system in less than two years and the frequent amendments to the new Fundamental Law raise a triggering question: does the constitution in Hungary fulfil its primary function of constraining public power? Or is it a simple instrument for the supermajority government? The study analysis the Hungarian constitution making and amending practice of the last decade and tries to explain why the stability of the constitution is not observed.

Keywords: Hungarian constitution; Constitution-making; Constitutional amendments;
Division of powers; Constitutional Court.