Extra-Legal Particularities and Illiberal Constitutionalism – The Case of Hungary and Poland

Hungarian Journal of Legal Studies 59, No 4, pp. 338–354 (2018)

19 Pages Posted: 6 Nov 2019

See all articles by T Drinóczi

T Drinóczi

Federal University of Minas Gerais (UFMG)

Agnieszka Bień-Kacała

Nicolaus Copernicus University

Date Written: December 1, 2018

Abstract

The Hungarian and Polish observations show how the use of public law is limited in illiberal constitutional states. This paper claims that certain non-legal reasons for effective successful transformation to an illiberal state, such as the emergence of populist rhetoric and morality; the clear lack of political self-restraint and the inability or unwillingness of the people to form a strong and capable civil society or to raise their voice against extreme views or resist an aggressive and clearly unfounded political campaign, have been pre-determined and influenced by the historical and socio-psychological particularities of the nations in question. If this is indeed the case, this may offer another, though obviously non-conclusive, explanation as to why public law measures and mechanisms have failed to preserve liberal democracy.

The paper concludes that overturning illiberal constitutionalism by either political or constitutional and legal means, at the present time, seems doubtful, if not impossible. The historically and psychologically determined national and constitutional identities of Hungary and Poland are not apt to nurture liberal constitutionalism in the long term.

Keywords: Hungary, Poland, illiberalism, constitutional identity, national identity, the narrative, narrative psychology

Suggested Citation

Drinóczi, Tímea and Bień-Kacała, Agnieszka, Extra-Legal Particularities and Illiberal Constitutionalism – The Case of Hungary and Poland (December 1, 2018). Hungarian Journal of Legal Studies 59, No 4, pp. 338–354 (2018), Available at SSRN: https://ssrn.com/abstract=3471107

Tímea Drinóczi (Contact Author)

Federal University of Minas Gerais (UFMG) ( email )

Av. Antonio Carlos, 6627
Belo Horizonte, Minas Gerais 31270-901
Brazil

Agnieszka Bień-Kacała

Nicolaus Copernicus University ( email )

Bojarskiego 3
Gagarina 15
Torun, kujawsko-pomorskie 87-100
Poland

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