Nonnisi in sensu legum? Decree and Rendelet in Hungary (1790–1914)
The Hungarian “constitution” was never balanced, for its sovereigns possessed a supervisory jurisdiction that permitted them to legislate by decree, mainly by using patents and rescripts. Although the right to proceed by decree was seldom abused by Hungary’s Habsburg rulers, it permitted the monarch on occasion to impose reforms in defiance of the Diet. Attempts undertaken in the early 1790s to hem in the ruler’s power by making the written law both fixed and comprehensive were unsuccessful. After 1867, the right to legislate by decree was assumed by Hungary’s government, and ministerial decree or “rendelet” was used as a substitute for parliamentary legislation. Not only could rendelets be used to fill in gaps in parliamentary legislation, they could also be used to bypass parliament and even to countermand parliamentary acts, sometimes at the expense of individual rights. The tendency remains in Hungary for its governments to use discretionary administrative instruments as a substitute for parliamentary legislation.
Keywords: constitution, decree, patent, rendelet, legislation, Diet, Parliament