HUNGARY

The constitutional development of Hungary has frequently been compared with that of England; the parallel holds with respect to the character of their constitutional laws, for in Hungary as in England the constitution is not embodied in any one instrument, but is contained in numerous laws which may be altered by the regular legislative processes; however, in Hungary the constitution has been embodied in written laws to a much greater extent than in England.

The most important of the earlier constitutional documents of Hungary is the Bulla Aurea of Andreas II, which was issued in 1222, and which bears a striking resemblance to the English Magna Carta of 1215. Bulla Aurea is now only of historical interest, but is of importance as one of the first steps in a long and continuous constitutional development.

Ferdinand I of Austria was chosen king of Hungary in 1526, after the Hungarian forces had been signally defeated by the Turks at the battle of Mohács. The Hapsburgs constantly endeavored to reduce Hungary to the position of a province of the empire, and to abolish its independent national institutions. However, by the Pragmatic Sanction, which was embodied in three Hungarian laws of 1722-23, the rights of Hungary were guaranteed.

Notwithstanding the guaranty of Hungarian institutions the efforts to weaken or destroy them continued. Under Joseph II separate Hungarian institutions were almost completely ignored. In 1791, however, Leopold II approved Hungarian laws which undid all of the attempted reforms of Joseph. From 1791 to 1848 the development of Hungarian institutions was intermittent; from 1815 to 1825 the Diet was not summoned at all. After 1830 the liberal movement began to gain ground, and from 1832 to 1836 the Diet made many efforts to abolish the mediaeval political and social organization of the country; these efforts proved fruitless because of the opposition of the members of the Table of Magnates, whose privileges would be lessened by

any change. Reform measures were again rejected by the Magnates in the Diets of 1839 and 1842. But popular forces were gaining strength, and the increased national spirit of the Hungarians is shown by the fact that by 1844 Magyar had entirely displaced Latin as the official language.

The revolutionary movement of 1848 enabled the liberal members of the Diet to carry their measures. Thirty-one laws, embodying among other things the Hungarian demands for a separate responsible ministry and for annual sessions of the Diet, were enacted and were approved by the Emperor on April II, 1848. Under these laws Hungary became practically independent, united with Austria by a personal union. When the army began to obtain control of the revolutionary forces of the empire, the Emperor sought an excuse to break with the Hungarian government. Kossuth, now in control of Hungarian affairs, was also eager for a rupture; hostilities commenced, and after Austrian troops had been driven from Hungarian territory, independence of Austria was declared. The Austrian troops proved unequal to the task of subduing the Hungarians; Russian forces were sent to their aid, and the Hungarian revolution terminated with the surrender at Vilagos on August 13, 1849.

After Vilagos Hungary was governed for ten years as a subject province; not until after the Italian war was any change made in its position. The Diploma of October 20, 1860, recognized the rights of the Hungarian Diet, but the Patent of February 26, 1861, established a central legislature at Vienna. Hungary refused to join in such a legislature or to be content with any arrangement which should not give her absolute control over her local affairs. For nearly five years the experiment of a central imperial legislature was tried, but it was seen to be a failure. In 1865 negotiations were entered into upon the basis of Hungary's right to an independent government, and the agreement of 1867 guarantees the "laws, constitution, legal independence, freedom, and territorial integrity of Hungary and its subordinate countries." The laws of 1848 again came into full force, and the parliamentary institutions of the country were re-established upon a firm basis.

Under the terms of the agreement of 1867 Hungary was left to deal as it thought best with the races within its territory.

With Croatia alone did Hungary find it necessary to make special terms. By a law of 1868, wich has been several times amended, an arrangement was made between Hungary and Croatia similar in many respects to that between Austria and Hungary.

SELECT BIBLIOGRAPHY

STEINBACH, Gustav. Die ungarischen Verfassungsgesetze. (3d ed., Vienna, 1900. Manz'sche Taschenausgabe der oesterreichischen Gesetze.) Contains all Hungarian constitutional laws now in force. A fourth edition has recently appeared.

BERTHA, A. DE. La constitution hongroise. Précis historique d'après le Dr. Samuel Radó. (Paris, 1898.) A good historical outline, based upon the German work of Radó-Rothfeld, Die ungarische Verfassung, geschichtlich dargestellt (Berlin, 1898).

BERTHA, A. De. La Hongrie moderne de 1849 à 1901. Étude historique. (Paris, 1901.) A good account of recent constitutional development. APPONYI, ALBERT. Le parlement de la Hongrie. (Annuaire du Parle

ment, 4° année, Paris, 1902, pp. 864-958.) An interesting study by the then president of the Hungarian House of Representatives. VIROZSIL, ANTON V. Das Staats-Recht des Königreichs Ungarn. (Pest, 1865-66. 3 vols.)

HANTOS, ELEMÉR. The Magna Carta of the English and of the Hungarian Constitution. (London, 1904.) A comparative study of Bulla Aurea and Magna Carta.

HORN, M. G. Le compromis de 1868 entre la Hongrie et la Croatie. (Paris, 1907.)

SCHULER-LIBLOY, FRIEDRICH. Das ungarische Staatsrecht. (Vienna, 1870.) Somewhat out of date, but still useful as a brief study.

The only comprehensive treatises on Hungarian constitutional law are in Magyar; of these the most important are those by Karoly Kméty (3d ed., Budapest, 1905), and by Ferenz Nagy (4th ed., Budapest).

LAW 3 OF 1848 CONCERNING THE FORMATION OF A RESPONSIBLE HUNGARIAN MINISTRY 1

SECTION I.

The person of His Majesty the King is sacred and inviolable.

1 Secs. 2, 9, 11, and 38 of this law were repealed and secs. 3, 17, 19, and 24 were modified by Law 7 of 1867, which suspended the office of Palatin. Art. 8 related to military affairs which are now conducted by the joint Austro-Hungarian government.

SEC. 3. His Majesty shall exercise the executive power in conformity with law, through the independent Hungarian ministry, and no ordinance, order, decision, or appointment shall have force unless it is countersigned by one of the ministers residing at Budapest.

SEC. 4. Each member of the ministry shall be responsible for all of his official actions.

SEC. 5. The official seat of the ministry is Budapest. SEC. 6. In all matters which have heretofore been within the power of the Royal Hungarian Chancellery, of the Royal Council of the Regency, and of the Royal Council of the Treasury, including therein mining, and especially in all civil, ecclesiastical, financial, and military affairs, and in general in all matters relating to national defense, His Majesty shall henceforth exercise the executive power exclusively through the Hungarian ministry.

SEC. 7. It shall be within the immediate power of His Majesty, in every case with the countersignature of the proper responsible Hungarian minister, to appoint archbishops, bishops, priors, and abbots as well as standard-bearers, to exercise executive clemency, to grant noble rank, titles, and orders.

SEC. 10. The ministry shall be composed of a president and of eight other ministers, if the president does not himself assume one of the portfolios.

SEC. 12. His Majesty shall appoint the ministers upon the nomination of the president of the ministry.2

SEC. 13. One of the ministers shall always be in attendance upon the person of His Majesty, and shall take part in all affairs which are common to Hungary and the hereditary provinces, and in such affairs he shall, under his responsibility, represent Hungary.3

SEC. 14. Besides the member attached to the person of

'As amended by Law 8 of 1867.

Affairs common to the two countries are now handled by the joint ministry.