The Role of History and Memory in Constitutionalism

Modern constitutionalism, in most nations is based on the abstract language of human rights, and therefore tends to lack historical awareness. Similarly, the global language of constitutionalism has been dominated by a universalist vocabulary without taking historical context into account when interpreting a particular political community’s written constitution. In this regard, constitutional scholarship is typically a universalist undertaking with no intent to use constitutional thinking within specific geographical (spatial) and temporal limits, relying on contextual determinants. This global constitutionalism, through the migration of constitutional ideas and international standards has become the dominant pattern of constitutionalism in recent years. Nevertheless, there are counter examples that reiterate the crucial role history and/or memory play in forging the principles of constitutionalism. 

In the US, various forms of originalism in constitutional interpretation ascribe a distinct function to discover the historical public meanings of the US constitution. The unwritten constitution of the UK and its common law tradition is inherently connected to historical facts and their interpretation. While Hungarian legal development started along a path similar to that of the UK, in the mid-20th century – unfortunately coincidentally with the grasp of Communism – it has shifted to a ‘written tradition’. The longstanding traditions of centuries of constitutional thought and the associated historical narratives were initially overlooked. However, over time, this perspective gradually gave way to a renewed discussion about the role of history and memory in Hungarian constitutionalism. This evolving debate eventually culminated in the inclusion of historical interpretive provisions in Hungary’s new Fundamental Law in 2012.

Overall, history might be crucial in constitutional interpretation of a written text (US), it might be a decisive element of a constitutionalism based on unwritten historical traditions (UK), but different historical narratives of a constitution might also be a critical factor, and adjacent constitutional memory may also provide a way to social cohesion and integration (Hungary). 

This conference brings together scholars from different constitutional cultures and contexts who might have different views on how history shapes constitutionalism but agree that our memory of constitutional history shapes in some way constitutional interpretation and constitutional thinking. By engaging with the role of history and memory in constitutionalism from three highly different perspectives, this event promises valuable insights in various context of constitutionalism not only for conference participants but also for the audiences whose countries do not employ history in their constitutionalism.

Keynote speakers:

• Randy Barnett (Georgetown University) 
• Harshan Kumarasingham (University of Edinburgh) 

PROGRAM

13.15   Welcome speeches

13.30-14.30 Keynote speech I.

 Randy Barnett (Georgetown University

Natural Law, Natural Rights, and Originalism

14.30-14.45 Coffee break

14.45-16.15 American Perspectives

Lee Strang (Ohio State University)

The Role of (Re)Foundings in Theories of Constitutional Interpretation

Marc DeGirolami (Catholic University of America)

Time Immemorial in the Law

Christopher Green (Ohio State University)
Is Europe Originalist?

16.15-16.30 Coffee break

16.30-18.00 Hungarian Perspectives

István Stumpf (Mathias Corvinus Collegium)

History and National Identity

Márton Sulyok (Georgetown University / Mathias Corvinus Collegium)

History Unraveling the Mystery? Comparing Originalism and Historical Interpretation

Kálmán Pócza (Ludovika University / Mathias Corvinus Collegium)
Political Integration through Constitutional Memory?

9.30-10.30 Keynote speech II.

Harshan Kumarasingham (University of Edinburgh)

The Sovereignty of History in the British Constitution

10.30-10.45 Coffee break

10.45-12.15 British Perspectives

Asanga Welikala (University of Edinburgh)

Commonwealth Constitutionalism as a Constitutional Civilisation

Robert Craig (University of Bristol)

The Common Law's Selective Memory: Ship Money, Royal Prerogative, and the Rule of Law

Simon P. Kennedy (University of Queensland) and Ben Saunders (Deakin University)

The Cambridge School and Interpreting Constitutions

12.15 Closing

The conference was organized by the MCC Center for Constitutional Politics, MCC Public Law Center and the Ohio State University Salmon P. Chase Center.

Organizing committee:

Lee Strang (Ohio State University)

Márton Sulyok (Georgetown University / MCC Public Law Center / University of Szeged)

Kálmán Pócza (MCC Center for Constitutional Politics)

Venue: 

Wednesday, 10-11 June 2026

Mathias Corvinus Collegium (1113 Budapest, Tas vezér utca 3-7.)