Populism and Law in Hungary – Introduction to the Special Issue

Abstract

Populism is a nebulous concept that has almost as many definitions as scholars engaging with the concept that has a paradoxical relationship with law. On the one hand, populist politicians generally oppose the liberal ideal of separating politics and law, i.e. accepting that legal rules should limit political power, claiming that it would impede the expression of the popular will, yet they use legal regulation as their most important instrument to implement their policies. The chameleonic nature of populism and its instrumentalist approach to law presents a special challenge for lawyers that try to assess its impact on the domestic legal system. Populist legislation, after all, is seemingly indistinguishable from legislation adopted under non-populist regimes as populist regimes always claim to strictly adhere to formal procedural requirements and often justify the dramatic overhaul of previous rules invoking foreign examples. Hungary is a perfect litmus test for the examination of legal changes under populist leaders, because in 2010 the right-wing Fidesz-Kdnp party coalition won two-thirds majority in Parliament – a self-described “revolution in the voting booths” -, which gave it the power to completely overhaul the Hungarian legal system, even changing the constitution. In the past 10 years, virtually every significant branch of Hungarian law was recodified, adopting inter alia new criminal, civil, administrative and labor codes. The authors of this special issue attempted to analyze some of the most pertinent changes, in the field of constitutional law, adjudication, tax law, labor law, criminal regulation and asylum legislation.

Between legal fortress and uncertainty: Comparative analysis of the refugee Law frameworks in Hungary and Indonesia

“…of 2007). Under those legal systems, Hungary is required to offer international protection for asylum seekers, including lodging, education, health care, and access to the labor market when their refugee status is recognized 42 . However, politically, under the Orban administration, Hungary has the very unique approach to manage the refugees entering the state.…”

The rule of law in the grip of populist authoritarianism: Hungary and Poland

“…The ruling parties in Hungary and Poland frequently emphasize that their policies adhere to the laws adopted “to advance the genuine will of the people” (Hoffmann & Gárdos‐Orosz, 2022, p. 4). Discourse analysis is a valuable tool to reveal whether “the publicly declared intention of the legislator” serves the people or exploits the “weapon of exclusionary legalism—rewriting the constitutional framework to establish political hegemony” (Hoffmann & Gárdos‐Orosz, 2022, p. 4). This reinterpreted will is then used to change the structure and functioning of the political system, which limits the political leader.…”