History and Interpretation in the Fundamental Law of Hungary

Abstract

This Article focuses on some of the rules of interpretation contained in the Fundamental Law of Hungary (Art. R), which, while not belonging to the class of ‘memory laws’ in the strict sense, make use of certain historically charged concepts. These concepts, examined in the first part of the Article in turn, are 1) the ‘achievements of the historical constitution’, 2) the ‘constitutional identity’, and 3) the ‘Christian culture’ of Hungary. It is argued that in terms of their substance, these are open to competing historical interpretations. The second part of the Article deals with the pragmatic aspect of these provisions, that is, 4) their functions in constitutional interpretation. Based on that, the conclusion summarises 5) the role and motivation of historicising concepts both from the perspective of the constitution-maker and that of constitutional lawyers.