An Illiberal Constitutional System in the Middle of Europe

in European Yearbook of Human Rights 2014

18 Pages Posted: 16 Mar 2015  

Gábor Halmai

European University Institute - Department of Law (LAW)

Date Written: March 13, 2015

Abstract

Although the change of the liberal democratic political and constitutional system in Hungary to an illiberal one shows a lot of unique national characteristics, this kind of deviation can happen in other liberal democracies as well. And even though the external challenges, especially from the side of the Council of Europe and the European Union can be instrumental to enforce the compliance of a member state with joint European values, the reestablishment of the liberal democracy in Hungary can only be a consequence of actions taken by internal actors both on the institutional and the behavioral level. This means, in the first instance Hungary needs a constitution-making majority, supported by the Hungarian people willing and able to protect the values of liberal constitutional democracy.

Keywords: Rule of law, transition, fundamental rights, constitution, constitution-making, democracy

Suggested Citation

Halmai, Gábor, An Illiberal Constitutional System in the Middle of Europe (March 13, 2015). in European Yearbook of Human Rights 2014. Available at SSRN: https://ssrn.com/abstract=2577883

Gábor Halmai (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
ITALY
39-055-4686-401 (Phone)

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