Hungary's Long Nineteenth Century: Constitutional and Democratic Traditions in a European Perspective: Collected Studies

Editorial Preface

Preface

Introduction
The traditional vocabulary – The conversion of the constitution – Two historians

1. The Holy Crown of Hungary, Visible and Invisible
The cult of St Stephen’s Crown - The visible and the invisible crown compared-
Rex and corona: the incumbent and the institution - Corona regni - Werbőczy on the Holy Crown - Reincorporation with the crown and the ország - The Holy Crown uses in statute laws and government instruments - The Lands of the Hungarian (Holy) Crown - The inveterate crown uses - The extension of the Holy Crown membership - The Holy Crown, the nation and the constitution - Limited versus mixed monarchy in the jurists’ works - The making of the doctrine of the Holy Crown - Hungarian exceptionalism - The impact of the doctrine - The utility of the doctrine - Against the current: Eckhart - Revival - Conclusions

2. Ius resistendi in Hungary
Resistance as a right - Werbőczy and the ius resistendi - Contractualism - Conclusions

3. The Irrepressible Authority of Werbőczy’s Tripartitum
Decreta regni - Legislation and Consuetudo - The ascendance and the
eclipse of the Tripartitum - Jurists and the two–track view of
legal sources - Werbőczy reclaimed

4. Montesquieu’s Paradox on Freedom and Hungary’s Constitutions 1790–1990
The paradox - Montesquieu and the Hungarian constitution - The ‘kinship theory’- The Communists - After Communism
5. Language, the Constitution, and the Past in Hungarian Nationalism
Language - The Constitution - Epilogue

6. Lajos Kossuth and the Conversion of the Constitution
The ancient constitution – The national movement and the building of a unitary Hungarian state – Lajos Kossuth and proposals for a new Hungarian constitution: radical or moderate? – The April Laws, a new social order: ország into nation – The emancipation of the peasantry – Independent and responsible government – The imperial constitution of March 1849 – Gesamt-Monarchie as opposed to magyar álladalom


7. The Dualist Character of the 1867 Hungarian Settlement
The quasi-legal character of politics in the monarchy and the gloss on the 1867 Settlement - The statutory view of public law - The concept of the State - The concept of legal sovereignty: the doctrine of the Holy Crown - Political crises and the 1867 Settlement - The ősi (ancient) and the korszerű (modern) Constitution - The dualism of crown and ország - The Habsburg Empire and the conversion of the rights and duties of crown and ország into constitutional laws - Deák’s May programme of 1865 - The ‘outline’ of the subcommittee of fifteen - Law XII of 1867 - The nature of the Settlement - The Ausgleich with the Other Lands - The Monarch and the union of the Lands

8. The Autocratic Principle of the Law and Civil Rights in Nineteenth-Century Hungary
The rights of the individual - The autocratic principle of the law - Property rights and legal equality - Personal rights - Civil rights - The right of association - Regulation of associations by the Ministry of the Interior - Ministerial regulation of public assembly - Conclusions

9. The Aristocracy, the Gentry and Their Parliamentary Tradition in Nineteenth-Century Hungary
Introduction - Social reform and the landowning élite - The character of political reform - Aristocracy versus gentry - The political traditions of the aristocracy and the gentry - The influence of the aristocracy on political issues - Conclusions

10. Law XLIV of 1868 ‘On the Equality of Nationality Rights’ and the Language of Local Administration

11. The Army Question in Hungarian Politics 1867-1918
The constitutional question - The army question and the constitution - The 1867 constitutional Settlement and the Army - After the 1867 Settlement - The army question and Apponyi - The watershed: the 1889 Great Defence Debate - The Army crisis of 1903 - The swing of the pendulum - Conclusions

12. Intellectuals and the Future in the Habsburg Monarchy 1890–1914 (with Robert Pynsent).
The German culture – The culture of the Lands – The fin-de-siècle

13. Church-State Relations and Civil Society in Hungary: A Historical Perspective
The need for a historical perspective - The autocratic principle of the law - The legal position of the Churches - Equality of religion in legislation - The three classes of religion - Received religions - Tolerated religions - Recognised religions - The balance-sheet of church-state relations - Church-state relations under the communist system - Church-state relations in crisis - The reconstruction of church-state relations

14. R. W. Seton-Watson’s Changing Views on the National Question of the Habsburg Monarchy and the European Balance of Power
Germanophile - Hungarian independentist - Defender of the nationalities - Epilogue and conclusions