The misuse of the legislative process as part of the illiberal toolkit. The case of Hungary

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dc.contributor.authorKazai, Viktor Zoltán
dc.contributor.unitDepartment of Legal Studies
dc.date.accessioned2023-06-16T14:43:21Z
dc.date.available2023-06-16T14:43:21Z
dc.date.issued2021
dc.description.abstractThe Fidesz-KDNP coalition parties were voted into office in 2010 with a two-thirds majority in the unicameral National Assembly, which gave them significant leeway to implement their political agenda smoothly. Nevertheless, the governing coalition, driven by revolutionary zeal, was determined to put in place major legislative reforms as quickly as possible in the face of every opposition. This attitude led to the instrumentalization of parliamentary legislation which manifested itself in an increasing number of serious irregularities of the legislative process. This article argues that the procedural flaws of parliamentary law-making constitute an infringement of the rule of law principle as it is interpreted in the Council of Europe and the European Union. In order to show that the situation is much more serious in Hungary than the criticisms voiced by the European rule of law mechanisms suggest, we analyze all the constitutional review cases in which legislative acts were challenged on procedural grounds after 2010. Finally, we discuss the outcome of the cases adjudicated by the Hungarian Constitutional Court to see which irregularities were found unconstitutional.
dc.description.versionPublished version
dc.identifier.doi10.1080/20508840.2021.1942366
dc.identifier.issn2050-8840, 2050-8859
dc.identifier.urihttps://hdl.handle.net/20.500.14018/13911
dc.identifier.urlhttps://www.tandfonline.com/doi/full/10.1080/20508840.2021.1942366
dc.language.isoeng
dc.publisherTaylor & Francis
dc.rightsCC BY 4.0
dc.rights.urihttps://creativecommons.org/licenses/by/4.0/
dc.source.epage316
dc.source.issue3
dc.source.journalabbrevThe Theory and Practice of Legislation
dc.source.journaltitleThe Theory and Practice of Legislation
dc.source.spage295
dc.source.volume9
dc.titleThe misuse of the legislative process as part of the illiberal toolkit. The case of Hungary
dc.typeJournal article
dspace.entity.typePublication
refterms.dateFOA2023-06-18T11:04:52Z
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