Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries

K Šipulová, D Kosař - German Law Journal, 2023 - cambridge.org
De-democratization may take the form of executive-led attacks as well as incremental
decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary …

Captured institutions and permeated business–the longevity of Hungarian autocracy

A Éltető, JP Martin - Post-Communist Economies, 2024 - Taylor & Francis
The aim of the article is to show how modern autocracies can distort traditional institutions'
principles of functioning and form state–business relations for their own benefit. Our case …

Politics of judicial governance

D Kosař, K Šipulová - Research Handbook on the Politics of …, 2023 - elgaronline.com
The power of courts has increased worldwide at an unprecedented pace. At the same time,
judicial governance has changed as well. Most importantly, several regions have witnessed …

Schrödinger's judiciary—Formality at the service of informality in Hungary

A Vincze - German Law Journal, 2023 - cambridge.org
There are two contrasting claims regarding the Hungarian judiciary. The Government
asserts that it is in the best shape, while many other voices label it as captured or …

Confused Constitutionalism in Hungary—New Assessment Criteria for Recognising a Populist Constitutional Court

F Gárdos-Orosz - Hague Journal on the Rule of Law, 2024 - Springer
The starting point of the paper is that the early constitutional changes after the populist
transformation of Hungarian majority state politics (from 2010) and the application of the new …

Informal concentration of powers in illiberal constitutionalism: The case of Hungary

Z Pozsár-Szentmiklósy - Hague Journal on the Rule of Law, 2024 - Springer
Classic and new concepts of the separation of powers doctrine focus on the control of
central political power. Institutional checks and balances are classic legal instruments of this …

Constitutional resilience

A Jakab - … of Comparative Constitutional Law [MPECCoL](Oxford …, 2023 - papers.ssrn.com
Constitutional resilience is the capacity of a constitutional system to withstand attempts
aimed at changing or violating its core elements. The expression is used mostly in the …

From guarding the constitution to serving politics–the decline of the Hungarian Constitutional Court

Z Szente - Constitutionality of Law without a Constitutional Court, 2023 - taylorfrancis.com
The paper shows how one of Europe's most powerful and activist constitutional courts has
become a servant of the government and a legitimiser of the will of the executive. Despite …

Court-Packing Accomplished-The Changing Jurisprudence of a Subordinate Constitutional Court

Z Szente - Const. Rev., 2023 - HeinOnline
The worldwide decline in democracy poses a major challenge to the independence of
constitutional courts, which are the guardians of constitutionalism and the rule of law. The …

Constitutional Conventions Concerning the Judiciary beyond the Common Law

D Kosař, A Vincze - German Law Journal, 2023 - cambridge.org
Constitutional conventions are traditionally understood as socially binding, usually
unwritten, rules of constitutional importance based on precedent which cannot be enforced …