The Uses and Abuses of Constitutional Pluralism: Undermining the Rule of Law in the Name of Constitutional Identity in Hungary and Poland

Kelemen, R. Daniel; Pech, Laurent

doi:10.1017/cel.2019.11

Cited by 65 publications

(26 citation statements)

References 22 publications

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“…In both Poland and Hungary there were attacks on checks and balances, the independence of the judiciary, and control of public administration [Bakke, Sitter 2020]. Poland and Hungary have both utilised the twin concepts of constitutional identity and constitutional pluralism, notable instances include Hungary blatantly violating the EU asylum acquis and refusing to recognise the primacy of EU law in this domain, or Poland attacking the independence of the judiciary, claiming that such matters fall within the exclusive bounds of its authority and citing scholars of constitutional pluralism and the EU's "national identity clause" [Kelemen, Pech 2019].…”

Section: From Consolidated To Backsliding Democraciesmentioning

confidence: 99%

Poland and Hungary: Democratic Backsliding and the Shifting European Political Landscape

Everett

2021

Vestn. Ross. univ. družby nar., Ser. Politol.

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This study focuses on the role of Poland and Hungary in the shifting European political landscape, especially considering their recent democratic backsliding. Methodologically, the impact of domestic factors, specifically those involved in democratic backsliding, are qualitatively considered as a source of Poland and Hungarys international policy, focusing on European politics. There is significant literature available on the waves and counter waves of democratic change in the world, which is used to provide context for the cases at hand. Then, the theory of consolidation of democracy is considered, including whether Poland and Hungary were really cases of consolidated democracies. The developing Polish-Hungarian coalition, in the European context, is then considered. The two nations role in driving the EU towards a more restrictive migration policy during the migration crisis is discussed, as is the future EU role of Poland and Hungary. The article finds that whether through extreme pressure, setting the agenda or leading the way, as during the migrant crisis, or forming a new European political grouping, Poland and Hungary look set to actively attempt to mould the EU, and European politics more generally, to their liking.

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Section: From Consolidated To Backsliding Democraciesmentioning

confidence: 99%

Poland and Hungary: Democratic Backsliding and the Shifting European Political Landscape

Everett

2021

Vestn. Ross. univ. družby nar., Ser. Politol.

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“…Like its CEE counterparts, PSD undermined the country's constitutionalism through its parliamentary majority (c.f. Kelemen & Pech, 2019;Tćth, 2017), packed the Supreme Court and lower courts with loyalists, and challenged the forms and rhetoric of law (Krygier, 2019).…”

Section: The Rule Of Law Institutions and The Romanian Politics In 2015-2019mentioning

confidence: 99%

Challenging the Rule of Law in Romania: The Metamorphosis of Political Discourse towards Populism

Chiruta

2021

Problems of Post-Communism

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This article is an exploratory analysis of the political style of the Romanian Social Democratic Party (PSD), which despite being a mainstream centre-left party, has shifted from a latent to a crystalized populist rhetoric. Using qualitative content analysis of party speeches and press statements from 2015-2019, the article shows how the political style of the party becomes more populist when the domestic justice system begins to pressure leading PSD politicians. The data reveal an intersection between populist rhetoric and institutionalist discourse when PSD is trying to amend the rule of law institutions.

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“…A typical attack of this kind can be found in Lenin's 1917 attacks against "formality": 38 Reasoned Proposal in Accordance with Article 7(1) of the Treaty on European Union regarding the Rule of Law in Poland, paragraph 173. See Kelemen and Pech (2019). 39 See Pech and Scheppele (2017), who present an excellent overview of the European Commission's actions against Poland in 2016 and 2017.…”

Section: The Nature Of the Political Attack On The Rule Of Law In Polandmentioning

confidence: 99%

The Clash of Powers in Poland’s Rule of Law Crisis: Tools of Attack and Self-Defense

Matczak

2020

Hague J Rule Law

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Many people must be wondering how it is possible that Poland, not so long ago hailed for its exemplary transition from a communist dictatorship to a liberal democracy, could have so swiftly descended into authoritarianism via a crisis in the rule of law. The majority of commentators point to the size and ferocity of the attack on those mechanisms meant to safeguard the rule of law, whereas few focus on the weakness of their defence. This article attempts to redress that imbalance. The crucial facts of the Polish crisis are first presented, and the nature of both the attacks on the rule of law in Poland and the measures taken in its defence are then presented. In describing their defence, this article not only draws on Nicholas Barber's concept of the self-defence of institutions, but attempts to improve upon it in the light of the Polish crisis. Further in the article, I argue that one of the reasons for the success of the assault on the rule of law is the formalistic legal mindset that is prevalent among Polish lawyers. This mindset is characterized by a reductionism of the interpretative premises to be applied when deciding constitutional cases. This reductionism is conspicuous in the application of bright-line rules with no consideration of general constitutional principles. I argue that the development of a robust, non-formalistic methodology of legal decision-making is a prerequisite for a successful defence of the rule of law.

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The Uses and Abuses of Constitutional Pluralism: Undermining the Rule of Law in the Name of Constitutional Identity in Hungary and Poland

Cited by 65 publications

References 22 publications

Poland and Hungary: Democratic Backsliding and the Shifting European Political Landscape

Poland and Hungary: Democratic Backsliding and the Shifting European Political Landscape

Challenging the Rule of Law in Romania: The Metamorphosis of Political Discourse towards Populism

The Clash of Powers in Poland’s Rule of Law Crisis: Tools of Attack and Self-Defense

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