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.

Read More

Poland: constitutional crisis or coup d’etat?

by Bartosz Marciniak, PhD candidate at the Law Department of the European University Institute in Florence, former Visiting Doctoral Researcher at the New York University School of Law.

Due to the increasing disrespect for the rule of law in Poland, I have decided to draw the attention of foreign constitutional law experts to recent events in Poland, which already have been labelled by many commentators as amounting to a ‘constitutional crisis’. Due to the language barrier and the astonishing rapidity with which the said events have occurred, much of the disturbing news has not yet reached media sources outside Poland.

Read More