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Communal Values in the New Hungarian Fundamental Law

Ferenc Hörcher-2014-01-01-Repository of the Academy's Library (Library of the Hungarian Academy of Sciences)

TL;DRAbstract

Two concepts of the constitutionOn the general level, this paper is interested in the relationship of individual and communal values, as it is -as well as it should be--defined in constitutional documents.What it tries to show is that although originally constitutions serve as the foundations of the legal system of a given political community, as a result of the rather strong focus on individual citizens' fundamental rights against the state since the middle of the last century, the communal political aspect of these documents is nowadays pushed into the background.In order to prove this claim and make sense of this development, and also in order to suggest a way to remedy the problem, this paper will deal with the new Hungarian Fundamental Law, which entered into force on 1 January 2012 (Csink et al. (eds.)2012; Tth 2012) 2 , focusing on its preamble in particular. 3It will show that the seemingly anachronistic and pathetic paragraphs serve the function of identifying the common cultu

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Two concepts of the constitutionOn the general level, this paper is interested in the relationship of individual and communal values, as it is -as well as it should be--defined in constitutional documents.What it tries to show is that although originally constitutions serve as the foundations of the legal system of a given political community, as a result of the rather strong focus on individual citizens' fundamental rights against the state since the middle of the last century, the communal political aspect of these documents is nowadays pushed into the background.In order to prove this claim and make sense of this development, and also in order to suggest a way to remedy the problem, this paper will deal with the new Hungarian Fundamental Law, which entered into force on 1 January 2012 (Csink et al. (eds.)2012; Tth 2012) 2 , focusing on its preamble in particular. 3It will show that the seemingly anachronistic and pathetic paragraphs serve the function of identifying the common cultu

Keywords

LawPolitical scienceLaw and economicsSociology

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