Hungarian Constitution Faces Conflict Between Eternal Values and Content-Based Judicial Review

Hungary's Fundamental Law, unlike Germany's Basic Law, does not contain an "eternity clause" that shields certain core principles from constitutional amendment. While Germany's Grundgesetz explicitly prohibits altering the federal structure or the fundamental principles enshrined in its first and 20th articles, including human dignity and democratic rule of law, Hungary's constitution takes a different path.

Instead of rigid protections, Hungary's constitutional development emphasizes continuity. The Constitutional Court has historically strived to establish a coherent constitutional system through its interpretations, creating an "invisible constitution." This concept suggests that constitutionalism extends beyond the literal text of the law.

The current Fundamental Law itself reinforces this idea of continuity. Article R mandates that its provisions be interpreted in harmony with the National Creed and the achievements of Hungary's historical constitution. This unique construction uses the constitutional text itself to reference external benchmarks, some of which predate the current law.

Furthermore, the role of international law is significant. Article Q requires alignment between Hungarian law and international law, recognizing universally accepted rules. A Constitutional Court decision from 2011 went further, considering ius cogens norms, fundamental principles of international law, as a benchmark not only for legislation but for all subsequent constitutional actions.