The Role of Historic Identities in Shaping Post-Communist Constitutional Identity in Hungary, Serbia, and Montenegro A Comparative Analysis

Abstract

In the last two decades, the question of dynamics behind the establishment of constitutional identities, especially ones concerning the relationship between constitutional identity and pre-constitutional and extra-constitutional identities raised significant scholarly attention. Following this interest, this article will examine the role pre-communist constitutional identities and traditions had in shaping the novel post-communist constitutional identity in three countries: Republic of Hungary, Republic of Serbia and Montenegro. We will first examine the manner in which these three countries established a discontinuity with their communist past. Afterwards, we will investigate to what extent, and in what manner, did these countries draw upon or reaffirm their pre-communist identity in the process of shaping their novel post-communist constitutional identity. In doing so, we will pay special attention to two constitutional factors – the definition of the constitutional subject and the relationship between the state and the church. After we compare the different approaches, we will conclude that the legitimacy of the new constitutional identity and in turn the overall stability of the constitutional project noticeably relies on the extent to which the constitution makers successfully reintegrated and reinterpreted different historic identities.