The Significance of the Fundamental Law in the Protection of Hungary’s Sovereignty

Abstract

At the beginning of the 21st century, the world order based on sovereignty traced back to the Peace of Westphalia faces a serious and long-term challenge summed up as globalisation. This is not only a matter of political theory, but at least as much a matter of constitutional law. The power exercised by the state and the way in which it is exercised are also complicated within the
framework of the European Union. It is important, therefore, that Hungary emphasises, where it has power, that is, within its own state, that it does not have Hungarian constitutionality because it is recognised by an international institution created of its own will, or at least with its consent, but because there has been a Hungarian constitutionality for a long time. Without state sovereignty,
only institutional authority remains, the constitution and constitutionality fade away. The Fundamental Law serves as a strong tool against this. Constitutional identity, the normative connection of today’s constitutionality with the historical constitutionality that accompanies the existence of Hungary as a state, and the Holy Crown, which embodies the continuity of the constitutional state, are tools that are suitable for the protection of sovereignty.