Mozgékony patthelyzet. Reform és változatlanság között: a politikai és alkotmányos alapszerkezet változásai, 1990–2005
Flexible Deadlock. Between Reform and Immobilismo: The Changes of Political and Constitutional Structure of Hungary Between 1990 and 2005

Summary/Abstract: The constitutional and political structure of Post-Communist Hungary was born during the transition to democracy in 1989- 90. The democratization led to a systematic amendment of the 1949 communist constitution but has not produced a new and legitimate constitution. Although the persistent endeavours to make a new constitution since 1990 have also failed, the author challenges the view that the political and constitutional structure remained unchanged during the last fifteen years. In spite of the emerging political deadlock on constitutional reform, the political system has been gradually reshaped. The article explores the following three aspects of this paradox. Firstly, the author argues that it is precisely the legitimacy deficit and other shortcomings of the democratic constitution that made the occasional constitutional amendments. Secondly, the legitimacy deficit and the political deadlock in the legislature, authorized with constitutional power, opened a room for a radical re-interpretation and development of the constitution through judicial review, making the Constitutional Court the crucial political actor in the 1990’s. Thirdly, beyond the constitution, the dramatic changes on the party political scene, i.e. the bipolarization and the emergence of a two-party system as well as the “presidentialization” of politics changed the nature of Hungarian government and politics significantly. The author argues that in spite of the initial legitimacy deficit, the political actors and the citizens gave a de facto consent to the constitution and the constitutional improvement made through judicial review. The working constitution has been gradually consolidated, and therefore has gained legitimacy in a weak sense.

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