Defining the new polity: constitutional memory in Hungary and beyond

Abstract

ABSTRACT This article examines constitutions as a special effort of constructing long-lasting national memories. These images of the past become, with the assistance of the constitutions, canonised in the heart of the entire legal system that should be obeyed by each and every citizen. The conceptions of history represented by the Constitution are effectively spread by the government machinery and maintained unchanged for a relatively long time due to the solid character of constitutions. This study focuses on the characteristics of Eastern European constitutions and more specifically on the Hungarian Constitution’s history-images and their relation to identity. The Hungarian Constitution is the most recent European case that has been brought into the limelight of the international media because of its questionable jurisdiction process that ran against the contemporary democratic values of legal thinking in the Western hemisphere. The present study draws on legal sources and debates of legal experts in the making and assessment of this legal document. In addition, the analysis also relies on public discourse related to the reception of the troubled legislation and its modification process.