Illiberal constitutionalism 2 – constraints on public power

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

Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.

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Can the rule of law be measured? New paper by Jerg Gutmann and Stefan Voigt

by Dr. Alkmini Fotiadou, Centre For European Constitutional Law.

There is an almost universal consensus that the rule of law is desirable. Given this enthusiasm, it is remarkable how little is known about the factors conducive to it. A precondition for improving our knowledge of the rule of law is the ability to measure it. In a paper recently posted on the internet, Jerg Gutmann and Stefan Voigt from the University of Hamburg, set out to do just that. Based on very extensive data from a survey carried out in 99 countries, they propose a new indicator for the rule of law.

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