How Should Hungary Build a New Constitution?
Expectations for the legislation establishing the procedural framework for constitution-making
Hungarian Civil Liberties Union (HCLU) – School of Public Life – Civil College Foundation – Hungarian Helsinki Committee – Unhack Democracy
Legal Guarantees for Participatory Constitution-Building
Hungary is entering a period of democratic transition after 16 years of autocratic rule. The prospect of a new constitution is a chance for our generation to be bold, hopeful and creative to ask what kind of country and democracy we want to build, and to shape that vision together.
The opportunity before Hungary is bigger than writing a new legal document. It is an opportunity to build the democratic culture, trust and sense of shared ownership that a new constitution will need in order to endure.
A constitution should not be written for society behind closed doors. It should be built with society. That is why Unhack Democracy and our civil-society partners have developed proposals for the legal guarantees that should govern Hungary’s constitution-making process, and are presenting them to lawmakers and decision-makers.
Our paper sets out 13 minimum guarantees for a genuinely participatory constitution-making process:
Define the stages of constitution-making and the role of participation at each stage.
Ensure genuine openness of decision-making.
Use appropriate forms of participation for different purposes.
Document, publish and substantively consider the outcomes of participation.
Allow adequate time for meaningful participation.
Give independent and pluralistic actors a meaningful role.
Ensure the inclusion of different groups across society.
Require renewed public consultation when substantial changes are made.
Provide accessible, balanced information and build constitutional literacy.
Guarantee full transparency throughout the process.
Independently evaluate the participatory process.
Make participation guarantees enforceable.
Ensure that the legislation establishing the process is itself developed openly and participatively.