Author: Publisher:
ISBN:
Category : Law
Languages : en
Pages : 374
Book Description
Hungarian Law Review
Author: Democratic Decline in Hungary
Author: András L. PapPublisher: Routledge
ISBN: 1351684671
Category : Law
Languages : en
Pages : 197
Book Description
This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.
Constitution for a Disunited Nation
Author: Gabor Attila TothPublisher: Central European University Press
ISBN: 6155225184
Category : Law
Languages : en
Pages : 589
Book Description
More than two decades after the post-communist constitutional transition, Hungary got into the spotlight again. As a result of the 2010 elections, the governing majority gained two-thirds of the seats in parliament, which made constitutional revision exceptionally easy, bypassing extensive political and social deliberations. In April 2011, on the first anniversary of the 2010 election, a brand new constitution was promulgated, named the Fundamental Law. This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.
Constitutional Judiciary in a New Democracy
Author: László SólyomPublisher: University of Michigan Press
ISBN: 9780472109654
Category : Law
Languages : en
Pages : 444
Book Description
Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Customary Law in Hungary
Author: Martyn C. RadyPublisher: Oxford University Press, USA
ISBN: 0198743912
Category : History
Languages : en
Pages : 279
Book Description
The first comprehensive treatment in any language on the history of customary law in Hungary, starting with Stephen Werboczy's customary law code, the Tripartitum. This code influenced the composition, structure, and procedures of the courts and retained authority even when a parliamentary government was established in the nineteenth century.
Post-Communist Mafia State
Author: B lint MagyarPublisher: Central European University Press
ISBN: 6155513546
Category : Political Science
Languages : en
Pages : 337
Book Description
Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ
Three Generations of European Constitutional Courts in Transition to Democracy
Author: Francesco BiagiPublisher: Cambridge University Press
ISBN: 1108489397
Category : Law
Languages : en
Pages : 261
Book Description
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
Defending Checks and Balances in EU Member States
Author: Armin von BogdandyPublisher: Springer Nature
ISBN: 366262317X
Category : Law
Languages : en
Pages : 478
Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
The Challenge to Academic Freedom in Hungary
Author: Andrew RyderPublisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110749815
Category : Education
Languages : en
Pages : 252
Book Description
The Challenge to Academic Freedom in Hungary: A Case Study in Culture War, Authoritarianism and Resistance presents a case study as to how an authoritarian regime like the one in Hungary seeks to tame academic freedom. Andrew Ryder probes the reasons for ideological conflict within the academy through concepts like ‘culture war’ and authoritarian populism. He explores how the Orbán administration has introduced a series of reforms leading to limitations being placed on the Hungarian Academy of Sciences, Gender Studies no longer being recognized by the State, the relocation of the Central European University because of government pressure and new reforms that ostensibly appear to give universities autonomy but critics assert are in fact changes that will lead to cronyism and pro-government interference in academic freedom.
Rule of Law, Common Values, and Illiberal Constitutionalism
Author: Tímea DrinócziPublisher: Routledge
ISBN: 1000172430
Category : Law
Languages : en
Pages : 166
Book Description
This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.