Two Influential Concepts: Socialist Legality and Constitutional Identity and Their Impact on the Independence of the Judiciary

Abstract In this Article, I suggest considering linkages of a theoretical, and continuities sociological nature between on the one hand, concept practical use socialist legality in Socialist Hungary—with particular regard to period following judicial reform 1954—and other constitutional identity as it has developed Fundamental Law Hungary, with since 2011 reform. The Article highlights surprising similarities politically determined legislative intention these two periods form embracing, quasi legal concepts, which themselves seem differ fundamentally, although their specific practice are attention-grabbing. interpretation role state institutions, especially role, lead think that despite explicit rejection era U) new regime familiar attitudes understanding rule law judiciary promoting enforcement new, supra concepts transformative nature, which, however, filled ruling political ideology, whether be or national identity.