Az új választójogi szabályozás – egy választást követően

Abstract

This study analyzes the changes in the Hungarian parliamentary electoral system introduced by the 2011 Fundamental Law and the new electoral law (Vjt.), based on the experience of one election. The authors present the innovations of the Fundamental Law concerning suffrage, such as the extension of voting rights to Hungarians beyond the borders, the modification of the rules for exclusion from suffrage (introduction of judicial discretion), and the reduction of the parliament's size to 199 members. They examine in detail the new, single-round, mixed electoral system. Within this framework, 106 MPs are elected in single-member constituencies (based on the relative majority principle), and 93 are elected from national lists (party or nationality lists, compensated with fragment votes). The article critically analyzes the potential effects of the new system: the legitimacy problems of the single-round, relative majority system (the formation of representation with low support), and the system's overall tendency to favor large parties and strengthen power concentration (single national list, d'Hont method). A separate chapter deals with the new rules for the parliamentary representation of nationalities, nationality lists, and the institution of the preferential quota. Using a model calculation, the authors point out that even under the current regulations, only the most populous nationalities have a realistic chance of gaining a mandate, which raises the question of the equality of nationalities. Similarly critical is the analysis of the limited (list-only) voting rights of Hungarians beyond the borders, which, according to the authors, violates the fundamental principle of equal suffrage. In the de lege ferenda section, the authors propose the creation of a bicameral parliament, where the upper house could provide an appropriate forum for the proportional and dogmatically clear representation of nationalities and Hungarians beyond the borders, strengthening the legitimacy of the legislature and the separation of powers.