Illiberal Constitutionalism: The Case of Hungary and Poland

This Article argues that, as far as Hungary and Poland are concerned, the use of term “illiberal constitutionalism” is justified. It also claims that, without denying that other states could also be considered illiberal democracies, Hungary and Poland display unique and distinctive features. These f...

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Bibliographic Details
Published in:German law journal Vol. 20; no. 8; pp. 1140 - 1166
Main Authors: Drinóczi, Tímea, Bień-Kacała, Agnieszka
Format: Journal Article
Language:English
Published: Toronto Cambridge University Press 01.12.2019
Subjects:
Amendments
Authoritarianism
Autocracy
Clientelism
Constitutional amendments
Constitutional law
Constitutionalism
Democracy
Distinctive features
Human rights
Hungary
Identity
Illiberal constitutionalism
Indoctrination
Messianism
Nationalism
Overturning
Patronage
Poland
Politics
Populism
Rule of law
Hungary
Poland
Russia
ISSN:2071-8322, 2071-8322
Online Access:Get full text
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Summary:This Article argues that, as far as Hungary and Poland are concerned, the use of term “illiberal constitutionalism” is justified. It also claims that, without denying that other states could also be considered illiberal democracies, Hungary and Poland display unique and distinctive features. These features include populist politics, which lead to the relativization of the rule of law and democracy principles, and human rights protection, which captured the constitution and constitutionalism by constitutionalizing populist nationalism, constitutional identity, and created new patrionalism and clientelism. All these features are supported by the ideological indoctrination of political constitutionalism. In the course of this process, formal and informal constitutional amendments are used, and a formal sense of constitutional democracy is maintained. Overturning these illiberal democracies by constitutional and legal means, at this time, seems doubtful, if not impossible.
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ISSN:2071-8322
2071-8322
DOI:10.1017/glj.2019.83