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 - Werboczy on the Holy Crown - Reincorporation with the crown and the orszag - 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 - Werboczy and the ius resistendi - Contractualism - Conclusions 3. The Irrepressible Authority of Werboczy's Tripartitum Decreta regni - Legislation and Consuetudo - The ascendance and the eclipse of the Tripartitum - Jurists and the two-track view of legal sources - Werboczy 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: orszag into nation - The emancipation of the peasantry - Independent and responsible government - The imperial constitution of March 1849 - Gesamt-Monarchie as opposed to magyar alladalom 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 osi (ancient) and the korszeru (modern) Constitution - The dualism of crown and orszag - The Habsburg Empire and the conversion of the rights and duties of crown and orszag into constitutional laws - Deak'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 elite - 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-siecle 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