ACTA JURIDICA - A MTA Jogtudományi Közleményei Vol. 33 (1991)

1991 / 1-2. sz. - STUDIES - PÉTERI ZOLTÁN: The Declaration of the Rights of Man and Citizen and the Hungarian Constitution

Revolutionary demands were also echoed in other writings of these bold reformers called Jacobins and especially in those of the eminent jurist, J. Hajnóczy who, probably the first one in Hungary, succeeded in achieving harmony between the wants of progress and those of patriotism.33 Hajnóczy's scientific career led him from traditional noblemen's conservativism towards, at first, the ideas of the constitutional monarchy54 and then towards those of a republic with the characteristic features of the State of Law (Rechtsstaat).55 The consequences drawn from the idea of the social contract by Hajnó­czy resembled the teachings of Rousseau about man's inborn rights which can not be cut off by obsolescence or given up by the contracting parties themselves. The free migra­tion inside the country, the right to emigrate, freedom of conscience, religion, speech and press, the right to private property and the pursuit of happiness, as the most important components of the general idea of freedom, were dealt with by Hajnóczy as integral parts of the reforms proposed.56 The famous "ius resistendi" stipulated for in the Golden Bull, though itself inconsistent with the idea of the social contract, was inter­preted by him as one of the most important guarantees of the aforesaid rights because without its acknowledgement the contract made between the monarch and the estates of land would amount to a "contractus leoninus" to the advantage of the former.57 But the chief guarantee for the stability of the social contract lies, according to Hajnóczy, in the joint efforts of persons disposing of moral or physical power, i.e. the spiritual and secular leaders of the country, and the masses of ordinary citizens. In taking the side of the idea of equality, Hajnóczy suggested to abolish the feudal burdens of the peasantry and to open public offices to all members of the nation, i.e. to persons of non-noble origin.58 However, the movement of the Hungarian Jacobins based on French enlightened and revolutionary ideas ended in failure very soon. The poorly organized secret societies were disclosed, several of their leaders, inclusive of Martinovics and Hajnóczy, executed, hundreds of other members imprisoned,5' so the fulfilment of their demands had to be postponed into a better future. 4) The decisive step tending towards the radical transformation of the Hungarian so­ciety and state structure based mostly on the ideas of the French Declaration was taken 53 BÓNIS, Gy.: Hajnóczy József. Budapest, 1954. 54 Dissertatio politico-publica de regiae potestatis in Hungaria limitibus. 1791. 55 De comitiis Regni Hungáriáé deque organisatione eorundem dissertatio iuris publici Hungáriáé. 1791. 56 Ratio proponendarum in comitiis Hungáriáé legum. 1790. (Manuscript.) Archive of Széchényi National Library. Fol. Lat. 3635. IV. torn. 75-112. f. 57 Propositiones deputationi fine elaborandae ablegatis incliti comitatus ad comitia mittendis instructionis exhibendae. 1790. (Manuscript.) Archive of Széchényi National Library. Fol. Lat. 3635. IV. torn. 113—114. f. 58 Ratio proponendarum in comitiis Hungáriáé legum. Ibid. 59 BENDA, K.-ELEK, J.: Vizsgálat Martinovics Ignác szászvári apát és társai ügyében. (Investigation in the case of the abbot of Szászvár, I. Martinovics and his companions.) Budapest, 1983. p. 146. et seq.

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