Illiberal constitutionalism – a remodelled constitutionalism

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary

This short note argues that the term illiberal constitutionalism shall be used when describing the constitutional system of a particular state in the process of backsliding from the state of constitutional democracy towards an authoritarian regime. The main argument of those who oppose this term is that constitutionalism cannot be anything else but liberal. Neither Hungary nor Poland can nurture constitutionalism anymore because there are no effective constraints on public power.

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