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The Hungarian Historical Review “Continuities and Discontinuities The Hungarian Historical Review New Series of Acta Historica Academiae Scientiarum Hungaricae Volume 5 No. 1 2016 “Continuities and Discontinuities: Political Thought in the Habsburg Empire in the Long Nineteenth Century” Ferenc Hörcher and Kálmán Pócza Special Editors of the Thematic Issue Contents Articles MARTYN RADY Nonnisi in sensu legum? Decree and Rendelet in Hungary (1790–1914) 5 FERENC HÖRCHER Enlightened Reform or National Reform? The Continuity Debate about the Hu ngarian Reform Era and the Example of the Two Széchenyis (1790–1848) 22 ÁRON KOVÁCS Continuity and Discontinuity in Transylvanian Romanian Thought: An Analysis of Four Bishopric Pleas from the Period between 1791 and 1842 46 VLASTA ŠVOGER Political Rights and Freedoms in the Croatian National Revival and the Croatian Political Movement of 1848–1849: Reestablishing Continuity 73 SARA LAGI Georg Jellinek, a Liberal Political Thinker against Despotic Rule (1885–1898) 105 ANDRÁS CIEGER National Identity and Constitutional Patriotism in the Context of Modern Hungarian History: An Overview 123 http://www.hunghist.org HHHR_2016_1.indbHR_2016_1.indb 1 22016.06.03.016.06.03. 112:39:582:39:58 Contents Book Reviews Das Preßburger Protocollum Testamentorum 1410 (1427)–1529, Vol. 1. 1410–1487. Edited by Judit Majorossy and Katalin Szende. Das Preßburger Protocollum Testamentorum 1410 (1427)–1529, Vol. 2. 1487–1529. Edited by Judit Majorossy und Katalin Szende. Reviewed by Elisabeth Gruber 151 Sopron. Edited by Ferenc Jankó, József Kücsán, and Katalin Szende with contributions by Dávid Ferenc, Károly Goda, and Melinda Kiss. Sátoraljaújhely. Edited by István Tringli. Szeged. Edited by László Blazovich et al. Reviewed by Anngret Simms 154 Egy székely két élete: Kövendi Székely Jakab pályafutása [Two lives of a Székely: The career of Jakab Székely of Kövend]. By Bence Péterfi . Reviewed by András Vadas 160 Towns and Cities of the Croatian Middle Ages: Authority and Property. Edited by Irena Benyovsky Latin and Zrinka Pešorda Vardić. Reviewed by Mišo Petrović 163 Customary Law in Hungary: Courts, Texts, and the Tripartitum. By Martyn Rady. Reviewed by István Tringli 166 Geschichte schreiben im osmanischen Südosteuropa: Eine Kulturgeschichte orthodoxer Historiographie des 16. und 17. Jahrhunderts. By Konrad Petrovszky. Reviewed by Joachim Bahlcke 170 A gyulafehérvári hiteleshely levélkeresői (1556–1690) [The requisitors of the Gyulafehérvár place of authentication (1556–1690)]. By Emőke Gálfi . Reviewed by Irén Bilkei 173 Török szövetség – Habsburg kiegyezés: A Bocskai-felkelés történetéhez [Ottoman alliance – Habsburg compromise: On the history of the Bocskai uprising]. By Sándor Papp. Reviewed by Gábor Kármán 175 HHHR_2016_1.indbHR_2016_1.indb 2 22016.06.03.016.06.03. 112:39:582:39:58 Contents Bécs vonzásában: Az agrárpiacosodás feltételrendszere Moson vármegyében a 19. század első felében [In the pull of Vienna: The preconditions of the development of the agrarian market in Moson County in the fi rst half of the nineteenth century]. By Gergely Krisztián Horváth. Reviewed by Gábor Demeter 178 Pánszlávok a kastélyban: Justh József és a szlovák nyelvű magyar nemesség elfeledett története [Pan-Slavs in the manor house: József Justh and the forgotten history of the Slovak-speaking Hungarian nobility]. By József Demmel. Reviewed by Barna Ábrahám 183 In Search of the Budapest Secession: The Artist Proletariat and Modernism’s Rise in the Hungarian Art Market, 1800–1914. By Jeffrey Taylor. Reviewed by Erika Szívós 187 Anti-modernism: Radical Revisions of Collective Identity. Edited by Diana Mishkova, Marius Turda, and Balázs Trencsényi. Reviewed by Valentin Săndulescu 192 Holy Legionary Youth: Fascist Activism in Interwar Romania. By Roland Clark. Reviewed by Ionuţ Biliuţa 196 Siebenbürger ohne Siebenbürger? Zentralstaatliche Integration und politischer Regionalismus nach dem Ersten Weltkrieg. By Florian Kührer-Wielach. Reviewed by James Korányi 199 Mapping Jewish Loyalties in Interwar Slovakia. By Rebekah Klein-Pejšová. Reviewed by Ivica Bumová 203 Priest, Politician, Collaborator: Jozef Tiso and the Making of Fascist Slovakia. By James Malice Ward. Reviewed by Miloslav Szabó 207 Jewish Resistance to “Romanianization”, 1940–44. By Stefan Cristian Ionescu. Reviewed by Felicia Waldman 211 HHHR_2016_1.indbHR_2016_1.indb 3 22016.06.03.016.06.03. 112:39:582:39:58 Contents Magyar megszálló csapatok a Szovjetunióban, 1941–1944: Esemény – elbeszélés – utóélet [Hungarian occupation forces in the Soviet Union, 1941–1944: Event, narrative, afterlife]. By Krisztián Ungváry. Reviewed by Ádám Kerpel-Fronius 215 A jelenkori magyar társadalom [Contemporary Hungarian society]. By Tibor Valuch. Reviewed by Eszter Bartha 218 Notes on Contributors 223 HHHR_2016_1.indbHR_2016_1.indb 4 22016.06.03.016.06.03. 112:39:582:39:58 Hungarian Historical Review 5, no. 1 (2016): 5–21 Martyn Rady 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 defi ance of the Diet. Attempts undertaken in the early 1790s to hem in the ruler’s power by making the written law both fi xed 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 fi ll 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 In 1792, the Transylvanian Diet opened in the assembly rooms of Kolozsvár (today Cluj, Romania) with a trio, sung by the three graces, each of whom embodied one of the three powers identifi ed by Montesquieu as contributing to a balanced constitution.1 The Hungarian constitution, however, was never balanced. The power attached to the executive was always the greatest. Attempts to hem in the executive, however, proved unsuccessful. During the later nineteenth century, the legislature surrendered to ministers a large share of its legislative capacity, with the consequence that ministerial decree or rendelet often took the place of statute law. Defi ciencies in the drafting of bills and calculated neglect left large areas of the law to the determination of government and its agencies, expanding the domain of administrative discretion (freie Verwaltung). Whereas in the French revolutionary tradition, where the law was silent the citizen was free, in Hungary the reverse circumstance applied. Where the law was silent, the executive and its 1 Sándor Eckhardt, A francia forradalom eszméi Magyarországon (Budapest: Franklin, 1924), 26–28. The diet met in the Reduta Hall, in what is now the Ethnographic Museum. http://www.hunghist.org 5 HHHR_2016_1.indbHR_2016_1.indb 5 22016.06.03.016.06.03. 112:39:582:39:58 Hungarian Historical Review 5, no. 1 (2016): 5–21 surrogates retained the right to intrude, enacting measures that were potentially injurious to individual freedoms.2 The executive, in the sense of the royal government, historically claimed the right to legislative intervention in Hungary on two grounds. The fi rst was through the plenitude of power that attached to the monarch by virtue of his offi ce. The ruler’s right to alter the law was frequently invoked in the Middle Ages, but scarcely survived into the modern period.3 The royal plenitude was only used by way of justifi cation in respect of land trusts, the grant of which by the crown ran contrary to the customary traditions of noble land holding. There emerged as a consequence a branch of equity jurisprudence, administered through the chancellery, which operated independently of the customary law practiced by the kingdom’s courts.4 Unlike the situation in Bohemia, in Hungary the royal plenitude was never invoked in the early modern period to support a superior ius legis ferendae belonging to the ruler (Leopold I ordered that a pamphlet suggesting this be publicly burnt).5 The second right of intervention derived from the so- called power of supervision or Aufsichtungsrecht, which was underpinned by the fi rst article of the laws of 1526. This entrusted the monarch “to use the authority and power he has to do with mature deliberation all that concerns the governance of the realm, the proper collection, increase and correct spending of His Majesty’s revenues as well as everything else pertaining to the defense, liberty and other needs of the realm.”6 The Aufsichtungsrecht, as deployed by Hungary’s rulers, made specifi c appeal to this provision for its justifi cation.7 The right of supervision was manifested in a range of instruments, whereby the monarch infl uenced administration and justice—intimatoria, normalia, circulars, and so on. The two most important were patents and rescripts. The fi rst of these was intended to make up for statute law where the existing law 2 István Kovács, “A törvény és törvényerejű rendelet problematikájához,” Állam- és Jogtudomány 16, no. 3 (1973): 349–51. 3 Joseph Holub, “Ordinaria potentia
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