The Symptoms of Distrust in the Fundamental Law of Hungary and in its 7th Amendment

North differentiates between formal and informal elements of institutions, and there might be a strong relation between the two. E.g. the idea of power-sharing can be seen as a tool to overcome the ‘state of fear’. However, other emotions may shape the wording of constitutions, too (Sajó). E.g. a short text can be labelled as a trust-based text which leaves a larger interpratative sphere for the judges (Dixon). Yet, an empirical research has shown that there is a negative correlation between the level of trust and the length of constitutions (Voigt).

This paper aims to present the symptoms of institutional distrust within the Fundamental Law of Hungary and its 7th amendment. It will be presented a restrictive tendency vis-á-vis the Constitutional Court (e.g. the repeal of the former case law, the overruling of the decisions, the limitation of the powers and so on) and the new pressure for a centralized interpretation of the laws toward ordinary courts appeared in the 7th amendment.