Unorthodoxy in Legislation: The Hungarian Experience

Society and Economy 36 (2014) 2, pp. 151–184

34 Pages Posted: 16 Nov 2014

See all articles by Daniel Deak

Daniel Deak

Corvinus University of Budapest

Date Written: January 15, 2014

Abstract

This paper deals with legal unorthodoxy. The main idea is to study the so-called unorthodox taxes Hungary has adopted in recent years. The study of unorthodox taxes will be preceded by a more general discussion of how law is made under unorthodoxy, and what are the special features of unorthodox legal policy. Unorthodoxy challenges equality before the law and is critical towards mass democracies. It also raises doubts on the operability of the rule of law, relying on personal skills, or loyalty, rather than on impersonal mechanisms arising from checks and balances as developed by the division of political power. Besides, for lack of legal suppositions, legislation suffers from casuistry and regulatory capture.

Keywords: unorthodox economic and legal policies, populism, special industry levies, quality of legislation, rule of law, legal certainty, substantive and procedural justice, review of constitutional provisions

JEL Classification: K20

Suggested Citation

Deak, Daniel, Unorthodoxy in Legislation: The Hungarian Experience (January 15, 2014). Society and Economy 36 (2014) 2, pp. 151–184, Available at SSRN: https://ssrn.com/abstract=2524797

Daniel Deak (Contact Author)

Corvinus University of Budapest ( email )

Fovam ter 8
Budapest, H-1093
Hungary
+36(1)4825365 (Phone)

HOME PAGE: http://www.uni-corvinus.hu/~ddeak

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