From Human Dignity to National Identity: The Use of Foreign Jurisprudence by the Hungarian Constitutional Court

Abstract

Dalla dignità umana all’identità nazionale: l’uso della giurisprudenza straniera da parte della Corte costituzionale ungherese - This paper explores the evolving relationship between the Hungarian Constitutional Court and foreign jurisprudence from its establishment in 1990 to the present day. Adopting a thematic and partly diachronic approach, it investigates how the Court initially embraced comparative reasoning—particularly drawing from German constitutional law—to shape a robust framework for fundamental rights centered around the principle of human dignity. The study then traces a gradual shift in the Court's engagement with foreign legal sources, highlighting how political and constitutional transformations, especially after the adoption of the New Fundamental Law in 2011, fostered a more cautious and sovereignty-focused use of foreign jurisprudence. Special attention is given to key areas such as the protection of human dignity, freedom of expression, the right to a fair trial, the functioning of constitutional justice, and the articulation of constitutional identity. By analysing landmark rulings and critical turning points, the paper reveals how the Hungarian Constitutional Court’s selective use of foreign jurisprudence has moved from an instrument of democratization and Europeanization to a strategic tool for reinforcing national constitutional identity. This evolution reflects broader tensions between transnational constitutional dialogue and the assertion of constitutional sovereignty, offering important insights into the challenges facing constitutional adjudication in contemporary Europe.

Keywords: Hungarian Constitutional Court; Foreign jurisprudence; Constitutional identity; Human dignity; Sovereignty