In the first ever joint event organised by Hungarian LSE Alumni Association and the Harvard Club of Hungary, we had the honour to host Judge István Stumpf, associate judge to the Constitutional Court of Hungary. In his overarching talk Judge Stumpf traced back the role and philosophy of the constitutional court to the very beginnings of the institution’s history in 1989.
Using a dialectical approach, Judge Stumpf presented the main philosophical differences between the contending approaches du jour to constitutionalism in Hungary, namely legal(istic) and political constitutionalism. Reflecting upon the oftentimes tumultuous three and a half years of his tenure, he highlighted several landmark cases (e.g. 98% retroactive tax on severances; provisional clauses to the Basic Law; 4th amendment to the Basic Law) helping to define the role and scope of the Court in the newly reminted constitutional architecture.
After his talk a vibrant and thought-provoking Q&A session ensued, covering several intriguing topics. Judge Stumpf, inter alia, talked about his most defining cases as a judge (e.g. voter registration law), the challenges of defending an argument in front of the Court, and the possible emergence of constitutionality related questions between the Kúria (Supreme Court) and the Constitutional Court in the new constitutional mise en scène. Furthermore, Judge Stumpf addressed briefly the numerous criticisms aimed at Hungary regarding constitutionality and rule of law issues during these past few years.
