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To write about the historical constitution (történeti alkotmány) of Hungary is not easy for more than one reason. First of all, because the meaning of the term is not readily detectable: it is not a well-defined corpus of written legal norms. Hungarian legal and political life was until the end of the 19th century based on (written or unwritten) customary law, and its constitutionality was not an exception to that (Rady, 2015); second, because its birth is unclear. Although one of its acclaimed cornerstones was a rather early legal document, the Golden Bull from 1222, often compared in this tradition to the Magna Charta’s role in the constitutional tradition of the United Kingdom (Hantos, 1904), the idea that this piece and other legal norms, statues, decrees and their legal principles and customary procedures could be taken together as the body of a constitution took a long time to take hold, from the early 16th century, when István Werbőczy collected the private laws of the country,2 through the early seventeenth century revolt of István Bocskai, whose arguments in defence of his activity was based on quasi-constitutional grounds (Zászkaliczky, 2012), up until the short 18th century, when the estates actually worked out the system which used as one of its central pillars the idea of the “ancient constitution” (avita constitutio, ősi alkotmány). Accordingly, In László Péter’s interpretation, the historical constitution is in fact in power only from the end of the eighteenth century: “Between 1790 and 1918, the nobility’s ancient constitution, avita constitutio, provided a potent and enduring source of a shared Hungarian past” (Péter, 2012b, p.191).

7 Is the Historical Constitution of Hungary Still a Living Tradition? A Proposal for Reinterpretation