The Role and the Place of History in Hungarian Constitutional Law Presented by: Dr. Kruzslicz Date: 15 November 2023 Bulla Aurea - King Andrew II • 1222 Methodological Problems - - Method I • Past • History • Memory Method II • Constitutional law • National history • Theory of the State What The Constitution Is? - “Our Fundamental Law shall be the basis of our legal order; it shall be an alliance among Hungarians of the past, the present and the future.” - Timely references are in the heart of the constitutional law. Historical Narrative Creating Identity - "We are proud that our king Saint Stephen bult the Hungarian State on solid ground" - "Made our country a part of Christian Europe one thousand years ago." and "We recognize the role of Christianity in preserving nationhood." - "We are proud of our forebears who fought for the survival, freedom, and the independence of our country" - "We promise to preserve our nation's intellectual and spiritual unity, torn apart in the storms of the last century." - "We do not recognize the suspension of our historic constitution due to foreign occupations. [..] We do not recognize the communist constitution of 1949, since it was the basis for tyrannical rule; we, therefore, proclaim it to be invalid" - "We agree with the Members of the first free National Assembly, which proclaimed as its first decision that our current liberty was born of our 1956 Revolution." In Use Or Abuse For Protection Of Constitutionality Guiding Jurisprudence - Constitutional Decision number 33/2012 (VII. 17.) • - - "The historical responsibility of the Constitutional Court" Modern constitutional principles • Independence of judiciary • Parliamentarism • Freedom of expression • Ne bis in idem Protection of a "Hungarian way" • With regards to constitutional identity • In front of the European Integration • A special constitutional development Source Of Constitutionalism - “The provisions of the Fundamental Law shall be interpreted in accordance with their purposes, the National Avowal contained therein and the achievements of our historic constitution” - The achievements - As guidelines for interpretation