This book examines the constitutional history of Transylvania, a region of Central Europe that has experienced a compelling series of historical events and been governed by a variety of ancient, medieval, and modern entities, as well as its own peoples, who from time to time have jointly or separately exercised their right to self-governance. The book’s main goal is to provide, for the first time in English, a comprehensive source for those interested in the variety of states, constitutional and public legal orders which have succeeded one another during Transylvania’s tumultuous history. It serves to underline the region’s uniqueness as a space where (for better or worse) several nationalities, multiple religions and varied cultures have had to find a way to get along, under the pressures of external state and constitutional orders. It seeks to show both the positive and the negative solutions found, which advanced or hindered this goal of organised coexistence.
Author(s): Emőd Veress
Series: Studies in the History of Law and Justice, 25
Publisher: Springer
Year: 2023
Language: English
Pages: 381
City: Cham
Transylvania as a Space of Legal History
Contents
Public-Law Phenomena in Transylvania in the Antiquity
1 Introduction
1.1 Beginnings
1.2 The Dacians
2 The Dacian Kingdom
2.1 Sources, Chronology, Territory
2.2 Historical Framework
2.3 Population and Society
2.4 Public Administration
2.5 Religious System
2.6 The Ruler
2.7 The High Priest
2.8 The Royal Council
2.9 People´s Assembly
2.10 Territorial Leaders
2.11 Economy
2.12 The Background of Provincial Organization
3 The Roman Province of Dacia
3.1 Context
3.2 The Province, as a Public Law Entity Within the Empire
3.3 Administrative Organization
3.4 Imperial Administration of the Province
3.5 Military Organization in the Province
3.6 Economical Administration in the Province
3.7 Settlements of the Province
3.8 The Provincial Assembly
3.9 Associations/Corporations in the Province
3.10 The Society of the Province
3.11 The Examples of Public Religious Practices in the Province
3.12 Priests in the Province
3.13 Magistrates
3.14 Summary
4 The Territory of Transylvania in the Late Roman Period: The Age of the Tervingian Law Speakers
4.1 Evacuation and Abandonment
4.2 The Settlement of the Visigoths (Tervingi) in Dacia
4.3 Public Law Relations Under the Tervingi (Visigoths)
4.4 Artefacts Significant from the Point of View of Public Law
4.5 Following the Tervingian (Gothic) Rule
References
The ``Migration´´ Period
1 Transylvania as a Legal Historical Space from the End of the Roman Administration to the Hungarian Conquest
2 From the Abandonment of Dacia to the Avar Khaganate (271-568)
2.1 The Transitional Decades (ca 271-310/350)
2.2 The Power Structure of Athanarik and the Transylvanian Basin (310/350-375/380)
2.3 The Place of the Transylvanian Basin Within an East-Steppe State-The Hun Empire (375/380-453)
2.4 The Legacy of the Huns in the Transylvanian Basin and in the Transtisza Region: Ardaric´s Reign (375/380-453)
2.5 The Legal Power System and Social Changes from the Third to the Sixth Century
3 From Bayan to Árpd: The Avar Khaganate (568-822) and the Odd Ninth Century
3.1 Historical and Archaeological Data Concerning Social Transformations in the Avar Period. The Geopolitical Catalyst of the ...
3.2 After the Siege of Constantinople (626-670/700)
3.3 The Late Period of the Khaganate (700-822)
3.4 The ``Odd´´ Ninth Century
3.5 The Legal-Power System and Social Changes from the Sixth to the Ninth Century
References
The Age of the Hungarian Great Principality (ca. 850-1000)
1 Early Statehood. An Introduction
2 Formation of the Hungarian State-The Beginnings (from the Ninth Century)
3 The Hungarian Steppe-State in Central Europe (ca. 862-1000)
4 Transylvania Within the Hungarian Great Principality
5 Traces of Customary Law of the Hungarian Great Principality
6 The Causes of Transformation
7 The Theory of the ``Double Conquest´´
References
Transylvania in the Medieval Hungarian Kingdom (1000-1540)
1 Historical Overview
1.1 The Hungarian Kingdom
1.2 Transylvania in the Hungarian Kingdom
1.3 Estate Society
1.4 The Union of the Three Feudal Nations of Transylvania (unio trium nationum)
2 The Constitutional Foundations of the Hungarian Kingdom
2.1 The Concept of ``Historical Constitution´´
2.2 Sources of Constitutional Law
2.3 Transylvanian Law
2.4 The Constitution of the Patrimonial Monarchy
2.5 The Origins of the Constitution
3 The Territorial Organization of Transylvania-As Separate Governance
3.1 Unity and Separation
3.2 The Duke (dux) and the Junior King (rex iunior)
3.3 The Voivode of Transylvania
3.4 Local Administration and Governance: Counties
3.5 The Szeklers and Their Institutions
3.6 The Saxon Self-Government
3.7 The Romanian `cnezes´
3.8 Public Law Relations Among the Nationes
References
The Principality of Transylvania (1526-1690)
1 Historical Background
2 The Statehood and Sovereignty of the Transylvanian Principality
2.1 The Concept of the State
2.2 The Territory of the State
2.3 Steps Leading to the Territorial Sovereignty of the Principality of Transylvania
2.4 Population
2.5 The Question of the Political ``Nation´´ in Transylvania
2.6 Sovereignty
2.7 The Internal: Constitutional-Sovereignty of Transylvania
2.8 The External: International-Sovereignty of Transylvania
3 The Governmental Organization of the Transylvanian State
3.1 The Princely Power
3.2 The National Assembly
3.3 The Princely Council
3.4 Key Institutions and Offices of the Central Administration
References
Transylvania in the Habsburg Empire and the Austro-Hungarian Dual Monarchy (1690-1918)
1 Historical Background
2 The Status of the Principality of Transylvania Within the Habsburg Empire, 1690-1848
3 Transylvania´s Central Government Under Habsburg Rule
4 The Diet
5 The First Union of Transylvania and Hungary: The Union Law of 1848
6 Transylvania Under Habsburg Rule Again (1849-1867)
7 The Second Union of Transylvania and Hungary: The Union Law of 1868
8 National Awakening, Nationality Movements and Legislation Regarding Nationalities in Transylvania in the Centuries Before th...
8.1 National Awakening and National Movements in Transylvania
8.2 The Hungarian Revolution and War of Independence of 1848-1849 and the Drafting Process of the First Nationality Act
8.3 The Nationality Issue in the Neo-Absolutist Era
8.4 The Drafting Process of the Nationality Law During the 1865/1868 National Assembly
8.5 The Constitutional Status of National Minorities in Hungary Until 1918
References
Transylvania as Part of Romania (1918/20-Present)
1 Historical Overview
1.1 Transylvania in the Interwar Period
1.2 The Establishment of Soviet-Type Dictatorial Rule: The Transitional Years
1.3 The Soviet-Type Dictatorial Rule
1.4 Transylvania Before and After the Fall of Communism
2 The Legal Integration of Transylvania: The Democratic System in the Interwar Period (1918-1937)
2.1 Overview
2.2 The 1923 ``New´´ Constitution
2.3 The Parliament and the Legislative Council
2.4 The King and the Government (Council of Ministers)
2.5 Public Administration
2.6 Courts of Justice and Legislative Unification (1918-1937)
2.7 The 1926 Electoral Law
2.8 The Legal Situation and Representation of National Minorities
2.9 Protection of Ethnic Minorities Under International Law
3 The Royal Dictatorship. Public Law Under the Antonescu-era. The Status of Northern Transylvania (1938-1945)
3.1 The 1938 Constitution
3.2 The King and the Government (Council of Ministers)
3.3 The Organization of Judicial Courts
3.4 Legislation During the Period of Royal Dictatorship
3.5 The Totalitarian Regime of Antonescu
3.6 The ``Minority Statute´´ and the Representation of National Minorities
3.7 Public Administration and Political Representation in Northern Transylvania (1940-1944)
4 Public Law Under Soviet-Type Dictatorial Rule (1945-1989)
4.1 Constitutions Under Soviet-Type Dictatorial Rule
4.2 The Characteristics of the Soviet-Type Dictatorial Rule
4.3 The Great National Assembly
4.4 The Presidency of the Great National Assembly, the State Council, and the Head of State
4.5 The Government (the Council of Ministers)
4.6 Public Administration
4.7 Judiciary
4.8 The Status of Nationalities During the Period of the Soviet-Type Regime
4.9 The Minority Statute and the Bolyai University
4.10 The Magyar Autonomous Region
4.11 Limiting and Abolishing Minority Rights. Assimilation Politics
5 The System Change and the 1991 Constitution (1989-)
5.1 The System Change
5.2 The 1991 Constitution
5.3 The 2003 Constitutional Reform
5.4 The Organization of the Judicial Court System After the System Change
References