Cover Osteuropa 4/2013

In Osteuropa 4/2013

Power instead of Law
The Deformation of Hungary’s Constitutional System

Gábor Attila Tóth

Deutsche Fassung


Since its election victory in 2010, the party Fidesz, under Prime Minister Viktor Orbán, has been remodelling not only Hungary’s political system, but also its constitutional system. Unlike other states based on rule of law, the new Basic Law does not integrate Hungarian citizens beyond the limits of political, religious, or social differences. Rather, it polarises and excludes parts of the population. The Basic Law embodies a political thought based on the logic of friend or foe. The institutional structure formed with the help of the Basic Law is tailored to a one-party state. Moreover, the recent constitutional amendments show: the rule of law over politics has been replaced by the rule of politics over law. The construction of an authoritarian regime is underway. The Hungarian opposition and European institutions are now called upon.

(Osteuropa 4/2013, pp. 21–28)