Illiberal Constitutionalism: The Case of Hungary and Poland

Drinóczi, Tímea; Bień-Kacała, Agnieszka

doi:10.1017/glj.2019.83

Cited by 59 publications

(19 citation statements)

References 6 publications

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“…Both states have similar post-communist legacies, and their paradigmatically populist governments support each other and borrow each other's ideas and strategies for gaining power and executing authority (Sata and Karolewski 2020). Right-wing populists governing in both countries ground their political philosophy on the rejection of liberalism, practice illiberal constitutionalism and (despite several superficial differences), pursue a highly comparable foreign policy (Drinóczi and Bień-Kacała 2019;Varga and Buzogány 2021). Another common feature is that neither Law and Justice nor Fidesz initially represented the radical right wing populist cases in their origins.…”

Section: Theoretical and Methodological Backgroundmentioning

confidence: 99%

Heroisation and victimisation: populism, commemorative narratives and National Days in Hungary and Poland

Lipiński

Szabó

2022

Journal of Contemporary European Studies

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Despite the significance of historical narratives on populism, the congruence between collective memory and scholarship regarding populism is scarce in Central and Eastern European countries. We address this gap by analysing the commemorative narratives of the competing populist rightwing political parties in Hungary and Poland promoted during celebrations for the Day of National Unity and National Independence Day celebration. The paper analyses the structure, content and functions of commemorative speeches to highlight the similarities and differences between the political actors under consideration. The findings reveal that victimisation and heroisation are constant and stable components of both countries' political narratives. Moreover, the elements of populist communication are articulated alongside nationalist themes emphasising the greatness of the nation, historical revisionism or national Catholicism. The references to the people using ethno-cultural and exclusionary terms are of particular significance. Although praised and credited with positive qualities, the Polish and Hungarian peoples are more frequently presented as victims of international enemies, European elites or internal, cultural and political elites. This victimhood status allows political actors to both represent themselves as advocates of the people and legitimises their claims.

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Section: Theoretical and Methodological Backgroundmentioning

confidence: 99%

Heroisation and victimisation: populism, commemorative narratives and National Days in Hungary and Poland

Lipiński

Szabó

2022

Journal of Contemporary European Studies

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“…The process, similar to changes introduced in Hungary after 2010 (Drinóczi & Bień-Kacała, 2019;Holesch & Kyriazi, 2021), is more than the sum of its parts. Considering the legal amendments, personnel changes, and changes in roles assigned and performed by institutions, it aims to reconstruct Poland's constitutional model without formally changing the Constitution of 2 April 1997.…”

Section: The Rule Of Law Backsliding In Polandmentioning

confidence: 99%

Reframing LGBT rights advocacy in the context of the rule of law backsliding

Grabowska-Moroz

Wójcik

2021

Intersections

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Adopting the methods of institutional analysis and case law analysis, the paper answers how specific elements of rule of law backsliding impact advocacy for minorities’ rights’ recognition. The phenomenon is analysed in the case of Poland, a state that since 2015 has been experiencing directed erosion on rule of law standards. Between 2018 and 2020, governmental leaders in Poland targeted lesbian, gay, bisexual, and transgender (LGBT) people in the context of electoral campaigns. The paper discusses long-term legal, political, and social factors contributing to creating an environment where such anti-LGBT campaigns are possible. It further demonstrates that specific elements of rule of law backsliding, such as politically subordinating the Constitutional Tribunal and the office of the Prosecutor General, enable authorities to apply discriminatory legal instruments to limit the targeted minority’s rights and also make resistance to it with legal means more complex. Against this backdrop, the paper argues that human rights defenders’ immediate responses—private civil lawsuits, artistic projects, and monitoring of discriminatory actions of the authorities—were key for drawing domestic and international attention to anti-LGBT campaigns, which later led to the European Union’s institutions concrete actions and an independent Commissioner for Human Rights’ legal actions. Cumulatively, these actions contributed to reversing elements of the anti-LGBT campaign in Poland.

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“…] for the accession to the European Union of any European State applying to become an EU member", 716 one would expect that to be the end of the 711 European Council in Copenhagen, Conclusions of the Presidency of 21-22 June 1993, p. 13, also mentioning "respect for and protection of minorities". 712 In analysing 'illiberal constitutionalism', Drinóczi and Bień-Kacała (2019), p. 1140 have also referred to "the relativization of the rule of law and democracy principles, and human rights protection". 713 Obwexer (2020), paras 62 and 80; Hilf and Schorkopf (2021), para 18.…”

Section: The Internal Perspectivementioning

confidence: 99%

Different Scopes and Implications (De Lege Lata)

Frischhut

2022

The Ethical Spirit of EU Values

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This chapter covers the temporal, content-related, personal, and territorial scope of these values. The temporal scope (scope ratione temporis) addresses the historic development of EU values and addresses the ‘living instrument’ character of these values and of the Charter of Fundamental Rights. The content-related scope (scope ratione materiae) provides a detailed overview on the various values of human dignity, democracy, the rule of law, human rights (including those of minorities), solidarity, justice, equality, including equality between women and men, non-discrimination, freedom, pluralism, and tolerance. Within each section, the following questions will be addressed: What is the legal quality of the relevant concept: A value, a (general) principle (of EU law), an objective, and/or a fundamental right? Is the relevant concept defined, or at least to some extent determined (either in the Treaties, in EU Secondary law, or in case-law)? If not determined in law, can we find some clarification in philosophical literature? Where in EU law can we trace this concept? The personal scope (scope ratione personae), addresses the question of who is entitled and who is obliged by the various values. Finally, the territorial scope (scope ratione limitis), addresses the situation of values both inside and outside the EU27. Finally, the implications, of values in terms of the question of their justiciability and the possibility of restrictions are covered.

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Illiberal Constitutionalism: The Case of Hungary and Poland

Cited by 59 publications

References 6 publications

Heroisation and victimisation: populism, commemorative narratives and National Days in Hungary and Poland

Heroisation and victimisation: populism, commemorative narratives and National Days in Hungary and Poland

Reframing LGBT rights advocacy in the context of the rule of law backsliding

Different Scopes and Implications (De Lege Lata)

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