Mnemonic Constitutionalism in Central and Eastern Europe

European Papers, Vol. 5, No. 3, 2020, pp. 1231-1246.

16 Pages Posted: 6 Apr 2021

See all articles by Uladzislau Belavusau

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Aleksandra Gliszczynska-Grabias

Polish Academy of Arts and Sciences - Poznan Human Rights Centre

Date Written: February 8, 2021

Abstract

This Article summarizes the conclusions for the Special Section on memory laws that was published by European Papers in two parts over 2020, and explores the nexus between the emerging phenomenon of mnemonic constitutionalism and democratic backsliding. It looks at their interactions through the lens of the legal governance of history and the historical policy implemented by the Central and East European (CEE) States, with Poland and Hungary as the prime subjects of consideration and analysis. The mushrooming of memory laws in CEE throughout the 2010s, which went hand-in-hand with democratic backsliding in the region, is well documented in the Special Section. Memory laws (lois mémorielles) initially emerged as a specific phenomenon within criminal law in Western Europe almost three decades ago. However, the recent wave of memory laws in CEE transcends criminal legislation and has acquired constitutional significance, which this Article analyses under the heading of mnemonic constitutionalism. After setting out an analytical framework of mnemonic constitutionalism, the Article focuses on the two specific CEE examples of Hungary and Poland. In the last decade, both countries have promulgated either constitutional (in case of Hungary) or quasi-constitutional (in case of Poland) provisions that indicate a strong turn towards mnemonic constitutionalism. The Article concludes that Fidesz (in Hungary) and PiS (in Poland) regimes perceive mnemonic constitutionalism not only as an ideological basis for the governance of historical memory but also as an ontological foundation to justify “illiberal democracies”.

Note: “This is the final version of a paper by Uladzislau Belavusau & Aleksandra Gliszczynska-Grabias, Article published 2021 via European Papers (www.europeanpapers.eu). European Papers - A Journal on Law and Integration, 2020 5(3), 1231-1246. Available online at: https://doi.org/10.15166/2499-8249/432”

Keywords: mnemonic constitutionalism, memory laws, rule of law, illiberal democracy, Hungary, Poland

Suggested Citation

Belavusau, Uladzislau and Gliszczynska-Grabias, Aleksandra, Mnemonic Constitutionalism in Central and Eastern Europe (February 8, 2021). European Papers, Vol. 5, No. 3, 2020, pp. 1231-1246. , Available at SSRN: https://ssrn.com/abstract=3782056

Uladzislau Belavusau (Contact Author)

T.M.C. Asser Institute - University of Amsterdam ( email )

R.J. Schimmelpennincklaan 20-22
The Hague, 2517 JN
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/b/e/u.belavusau/u.belavusau.html

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Aleksandra Gliszczynska-Grabias

Polish Academy of Arts and Sciences - Poznan Human Rights Centre ( email )

Mielzynskiego 27/29
Poznan, 61-725
Poland

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