A Historic Approach to the Notions of Constitution and State, Tradition as a Political and Moral Value in István Egyed’s Constitutional Theory

Abstract

The Book “Our Constitution” written by István Egyed and published in 1943 – which appeared in a reprint in 2016 – is certainly the most complete and accurate characterisation of the Hungarian historical constitution. The National Avowal of the Hungarian Basic Law makes reference to the acquis of the historical constitution, therefore, it is particularly important to understand and approach its tenets with hermeneutical care. According to Egyed the historical constitution is kind of state organization, which is based on moral and constitutional sentiments. This approach can restore the missing legitimation after a value-defective constitutional period, however, it cannot be expected to provide a legal basis with restrictive effect on power. On the whole, “Our Constitution” is a preeminent constitutional work.