13 - Chief Justice Sólyom and the Paradox of “Revolution under the Rule of Law”

Summary

The Hungarian constitutional democracy was born in 1989; the Constitutional Court commenced operation in 1990. László Sólyom, the first president of the Court, is thus considered a founder and developer of Hungarian constitutionalism. This chapter summarises Sólyom’s views on the characteristics of the 1989 constitutional transformation and the status of the Constitutional Court. It then examines his leading judgments and dissenting opinions, offering an explanation of his views on the judiciary, constitutional interpretation, and fundamental rights. Finally, it shows how Sólyom changed his point of view on key constitutional issues when serving as the head of state during the last years of the Republic of Hungary. The chapter rejects the popular view that Sólyom, as a liberal thinker and judge, consolidated the liberal democracy in Hungary. It also rejects the opposite claim that Sólyom’s judicial activism led to backsliding from liberal democracy. Instead, the chapter argues that, although his merits as leader of the first Hungarian Constitutional Court should be fully recognised, Sólyom’s legacy involves many paradoxical elements, for which it offers an explanation.