Regeneration of Civil Society in Hungary: The Recodification of the Right of Assembly and Association

Amid the stormy political events of 1988-89, Hungary took a turn toward becoming a constitutional state and moved in the direction of re-establishing the rule of law and having a real constitution.
The process of establishing the rule of law began with the recodification, adopted in January 1989, of the right of assembly and association. This right must be understood in the context of the extremely fast paced regeneration of civil society. Analogous to what Habermas wrote about the emergence of civil publicity in Europe, at first it was nothing more than non-political gatherings and associations, where one would spend one's leisure time. Later on, however - similarly to the eighteenth century transformation of political publicity - there was an increasing need for political meetings and demonstrations as well as for establishing trade and directly political unions.
This development, of course, made it necessary to conceive of the right of assembly and association in a radically new manner. A conception not limiting these rights to politically neutral programs, festival marches, or to the possibility of setting up associations (e.g., for stamp collecting), but including the freedom to conduct antigovernment demonstrations, to establish parties, and to create coalitions.