Hungary's long nineteenth century : constitutional and democratic traditions in a European perspective : collected studies
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Bibliographic Information
Hungary's long nineteenth century : constitutional and democratic traditions in a European perspective : collected studies
（Central and Eastern Europe : regional perspectives in global context, v. 1）
Brill, 2012
- : hardback
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
Laszlo Peter, whose fourteen carefully selected essays are edited in this posthumous collection, was an indefatigable seeker of the most appropriate terminological modelling and narrative reconstruction of Hungary's late nineteenth and early twentieth century progress from an essentially feudal entity into a modern European state. The articles examine thorny subjects, such as the growing tensions between the nationalities living within the multi-ethnic kingdom; language rights; autocracy, democracy and civil rights in Hungary perceived in a wider European context; the concept of the 'Holy Crown'; the army question; church-state relations; the role of the intellectuals; and the changing British perception of Hungary. The central focus of the author's microscope is reserved for a substantive re-evaluation of the Settlement between Hungary and the Austrian Empire in 1867, which had a decisive impact on the eventual fate of the old kingdom of Hungary and of the rest of Central Europe.
Table of Contents
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
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