The two conditions necessary for any society claiming to be a constitutional one are guaranteed human rights and separation of powers. This paper examines the status of human rights in the context of police powers and their exercise. The police in Hungary have judicial authority in the form of adjudication of minor offense cases, clearly a confusion of executive and judicial functions causing serious problems for effective protection of procedural and other rights. Hungarian legislation and government policies have not taken a resolute course in consolidating constitutional values within policing; a hard-liner "Law and Order" approach prevails. Elaboration of a democratic, constitutional policing theory is needed to convince people that there is an alternative to traditional law enforcement. References