On the separation of powers and the separation of state and Church: Remarks on the resignation of the Hungarian president

Abstract

The resignation of the Hungarian president in February 2024 not only proved to be a political issue, but also raised important questions of constitutional law. The event raised fundamental questions about issues such as parliamentarism, the separation of powers, political responsibility, and the separation of church and state. This paper presents a theoretic analysis, examining why reality seems to differ from constitutional law textbooks. Constitutionalists have generally interpreted the separation of church and state in an institutional way, considering the relationship between the various “structures”. In this paper, however, a different aspect of the topic has emerged, namely the intertwining of church and state positions. How should situations be handled when church leaders are involved in politics? This paper concludes that the relationship between the president and the government has changed drastically, even though the text of the constitution remains unaltered. This change has introduced the political responsibility of the president, an aspect that previously seemed unthinkable. Another aspect relates to the separation of church and state. It has become evident that this relationship is not just a structural matter, but one that also involves personal relationships.