From Political to Ethnic Community: The Hungarian Fundamental Law on the Ethnic Nation’s Will
Dr Balazs Majtenyi (Hungarian Academy of Sciences – Eötvös Loránd University)
Through the review of the illiberal constitution of Hungary the presentation examines the conflict between the universal values of human rights and the particularistic national identity of political communities. There are no international and European standards directly applicable to questions concerning the national identity of political communities like, for example, the concept of the nation or ideological references used in a constitution by defining political community. The national identity of political communities, at the same time, might cause legitimate concerns for liberal democracy. The presentation analyzes the process by which the neutral (in the dominant universal and cultural sense) Hungarian constitutional identity moved toward one of cultural particularism, ethnically-based political community. It examines how an antiegalitarian version of the ethnic concept of nation has been given primary role in the Hungarian constitution (Fundamental Law, 2011).
The move to the primacy of particularistic values in Hungarian public law is examined in the context of the legal system of the European Union, acknowledging that the liberal model of constitutional democracies (as supported by the EU) is based on human rights, the rule of law, equality before the law, and procedural values. The presentation tries to answer the question what (if anything) can limit the identity-building project vis a vis universal values in public law.