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Photo: “Election 2018 in Hungary. Taken on the 8th of April, 2018, around 23.35. Bálna, Budapest. Orbán Viktor announcing the victory of the FIDESZ party.“, by Elekes Andor licensed under CC-BY-SA-4.0. Hue modified from the original.

CHRONOWSKI, Nóra, Ágnes KOVÁCS, Zsolt KÖRTVÉLYESI, and Gábor MÉSZÁROS. “The Hungarian constitutional court and the abusive constitutionalism.” (2022).

Abstract

As part of the paper series on the rule of law backsliding in Hungary in the past decade this article focuses on the role of the Constitutional Court, and explains the constitutional developments in Hungary, in the first part, by recalling the establishment and constitutional status of the Constitutional Court under the former Constitution before 2010 (section 1), then by outlining the constitutional and legislative background of the court-capture, and referring to the new attitudes brought by the new justices to the Court (section 2). In the second part, the changes will be illustrated with case studies by reflecting on some formative issues that are landmarks on the one hand from the viewpoint of the basis of the constitutional review, on the other hand they are explaining the forms of abusive practice and help to understand how the Court adopted itself to the expectations of the illiberal regime (section 3).

illiberalism.org

illiberalism.org

The Illiberalism Studies Program studies the different faces of illiberal politics and thought in today’s world, taking into account the diversity of their cultural context, their intellectual genealogy, the sociology of their popular support, and their implications on the international scene.

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