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Decay or Erosion? The Role of Informal Institutions in Challenges Faced by Democratic Judiciaries
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 …
decrepitude, gradual emptying of underlying constitutional values, and state inertia. Contrary …
Captured institutions and permeated business–the longevity of Hungarian autocracy
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 …
principles of functioning and form state–business relations for their own benefit. Our case …
Politics of judicial governance
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 …
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 …
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 …
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 …
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 …
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 …
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 courts, which are the guardians of constitutionalism and the rule of law. The …
Constitutional Conventions Concerning the Judiciary beyond the Common Law
Constitutional conventions are traditionally understood as socially binding, usually
unwritten, rules of constitutional importance based on precedent which cannot be enforced …
unwritten, rules of constitutional importance based on precedent which cannot be enforced …