Placing the fundamental law on the scales — Collected interviews on the new Hungarian constitution

The fundamental importance of the constitution as the legal norm, at the summit of the law sources hierarchy is highlighted by István Bibó’s authoritative thoughts: “ [...] The community order which regulates human relations is to a certain extent, usually a large extent, open to debate, to the game of powers, to change, and to the amendment of regulation; certain, usually a smaller number, but more important rules are unchangeable, they are to be respected by all and stand above rivalries, party politics and debate. Within the domestic legal order, these rules are usually collectively called the constitution or the fundamental law and although, as a result of political considerations or the work of pedantic lawyers much that could safely be changed is included in these so-called constitutions, while others that indeed require stability are left out.”1 An immense tension is palpable within the sentence with the contrast between stability and change. The title of the paper suggests that this collection of interviews unpacks this conflict of values and it is our (Hungarian) Fundamental law being balanced on the scales. This paper presents disparate opinions of well-known constitutional lawyers who share common views on certain issues, but who, by approaching topics from completely different perspectives, reach varied conclusions. The heterogeneity of opinions suggest varied world views. In some cases, the contradictory answers are confusing, especially with respect to the questions which seem to have only one possible answer. This wide range of perspectives reflects the magnificence of the (legal) sciences and is an evidence of dynamism and progress that ensures the constant grind of scientific research’s gears. This volume provides an effective introduction and explanation to each of these viewpoints and the reader may choose to identify with any of these views.