Volume 4, 2013
Transitional Justice and Civil Societies after Dictatorial Regimes
Philosophical Foundation and Constitutional Rejection in Hungary
There are internationally set criteria that apply in the case of a legacy of grave and systematic violations of human rights, generating obligations of the state towards the victims and society. They specify: (1) a right of the victim to see justice done, (2) a right to know the truth, (3) an entitlement to compensation and nonmonetary forms of restitution, as well as (4) a right to reorganized and accountable institutions. Facing the complete failure of implementing the first three points, one can claim that none of them has been fulfilled in Hungary since the fall of Communism, almost one quarter of a century ago. This paper analyses the context in which constitutional adjudication may confront certainty of law with the very idea of justice by putting an end to any progress of leaving the legacy of Communism behind. As a consequence, the Rule of Law becomes a mere simulacrum.