Hungarian Constitution of 1949

The Hungarian Constitution of 1949 was adopted on 20 August 1949 and heavily amended on 23 October 1989. The document was Hungary's first permanent written constitution, and until its replacement in 2011, the country was the only former Eastern Bloc nation that did not adopt an entirely new constitution after the fall of Communism. The Constitution of Hungary, adopted in 2011, declares the 1949 constitution to be invalid.

Following the end of World War II and after the country had been occupied by the Soviet Union,democratic elections were held under Statute VIII of 1945. Then, Statute I of 1946, a provisional constitutional statute (or "little constitution") passed on 31 January, formally ended the thousand-year monarchy and introduced a republican form of government. Then in 1949, after the Hungarian Working People's Party had assumed undisputed control of the country, the Communist-controlled parliament adopted a constitution as Act XX of 1949. The date of its adoption, 20 August, made a new national holiday that coincided with the traditional holiday of the feast of Saint Stephen. The document has been described as "a slavish imitation of the Soviet-type constitutions, with some variations resulting from the historical and political differences between the Soviet Union and Hungary". (Specifically, it was modelled on the "Stalin" 1936 Soviet Constitution.) Now, Hungary became a people's republic, which was "the state of the workers and working peasants". A Presidential Council elected by parliament was to be head of state, but real power rested with the Working People's Party, its leading role enshrined in the document. The National Assembly met for some ten days each year, with most rules taking the form of presidential and ministerial decrees. A variety of fundamental rights was guaranteed, but only for the working people (or in accordance with their interests). Moreover, no means existed of ensuring these rights' mandatory nature or of rendering them enforceable. Church and state were separated.

Until 1989, the charter's basic features remained in effect, although the regime added important amendments in 1950, 1953, 1954, 1972, and 1983. Notably, Act I of 26 April 1972, comprehensively redrafted the constitution, proclaiming Hungary a socialist state. While the social, economic and political order remained the same, fundamental rights were now guaranteed for all citizens (but certain rights, like freedom of speech, press or assembly, still had to conform with the interests of socialism and the people). The preamble still paid tribute to the Soviet "liberators" but took a longer historical perspective, referring to the "millennium" of the people's struggle. The role of mass movements and trade unions (in addition to the party) in the building of socialism was acknowledged, the equal ranking of state and cooperative ownership asserted, and private producers recognised, so long as they did not "violate collective interests". As a moderate liberalisation continued to set in in the ensuing years, Act II of 1983 set up a Constitutional Council, intending to watch over the constitutionality of legal rules by giving internal review; and Act X of 1987 limited the Presidential Council's authority to issue law-decrees. Reforms were accelerated in 1989, with Act I envisaging the establishment of a Constitutional Court and lifting political restrictions on the exercise of all fundamental rights, and Act VIII introducing the motion of no confidence vis-à-vis the Council of Ministers and its members.

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