Hungarian Constitution of 1949
Following the end of World War II and after the country had been occupied by the Soviet Union,[1] democratic elections were held under Statute VIII of 1945.
[2] Then in 1949, after the Hungarian Working People's Party had assumed undisputed control of the country, the Communist-controlled parliament adopted a constitution as Act XX of 1949.
The document has been described as "a slavish imitation of the Soviet-type constitutions, with some variations resulting from the historical and political differences between the Soviet Union and Hungary".
[3] A Presidential Council elected by parliament was to be head of state, but real power rested with the Working People's Party, its leading role enshrined in the document.
The National Assembly met for some ten days each year, with most rules taking the form of presidential and ministerial decrees.
The role of mass movements and trade unions (in addition to the party) in the building of socialism was acknowledged, the equal ranking of state and cooperative ownership asserted, and private producers recognised, so long as they did not "violate collective interests".
Reform Communists and the opposition took account of this development at the Hungarian Round Table Talks in mid-1989, desiring a document that would establish a multiparty system, parliamentary democracy and a social market economy.
Among the new features introduced were a weak presidency and strong parliament with oversight powers, checks and balances, limitations on the authority of the prime minister, provisions for referendums, and an independent judiciary.
The Constitutional Court, whose members are elected by two-thirds of parliament, can annul laws declared unconstitutional, and has broad jurisdiction.
The first changes came in 1990 when, after free elections brought the opposition to power, references to democratic socialism and the planned economy were dropped.
The President was to be elected by the Parliament rather than directly; the constructive vote of no confidence was introduced; and areas in which a two-thirds majority was required to adopt a law were reduced, making governing easier.
[11] In 1995, when the possibility of completing the democratic transition via a new constitution arose, an amendment was adopted requiring four-fifths of Parliament to agree to the drafting rules.
[23] At first, as the only Communist-era constitution retained in Eastern Europe,[24] Hungary's charter and by extension its political system did not command a great deal of respect.
