ABUSIVE CONSTITUTIONALISM IN THE HEART OF THE EUROPE: CASES OF HUNGARY AND POLAND
Journal Title: Journal of International Relations and Political Science Studies - Year 2021, Vol 1, Issue 3
Abstract
The European Union (EU) has been one of the most important representatives of democracy, both in the Union and in its policy towards neighboring countries, with the liberal values it has defended since its inception. However, while the EU has been intensively tested in recent years, the radical changes experienced on a global scale have also deeply affected the policies within the Union and resulted in the alienation of the member states from the values that the Union has upheld so far. The cases of democratic backsliding created especially in Hungary and Poland on the basis of legal regulations over the last decade and that the delayed and poor reaction from the Union to these regulations are currently being intensely debated. Therefore, the present study addresses the developments in Hungary and Poland in the light of the term “abusive constitutionalism” introduced by David Landau and Rosalind Dixon and intends to answer the question of “how liberal democracies are eroded by means of the amendments or replacements on constitutions”. The examples of Hungary and Poland are quite remarkable in respect to the transformation that their constitutional systems have gone through. Because these transformations occurred in a way contrary to the values of the Union, despite the fact that both countries are members of the EU. The present study argues that the reaction of the European Union and its related organs to the judicial reforms in these countries is insufficient and weak, and that the delay in imposing sanctions paves the way for Poland and Hungary to become increasingly anti-democratic by official means.
Authors and Affiliations
İrem NART
Keywords
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