Illiberalism as Constitutional Identity - the Case of Hungary

Pap, András László (2018) Illiberalism as Constitutional Identity - the Case of Hungary. Hungarian Journal of Legal Studies, 59 (4). pp. 378-402. ISSN 2498-5473

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Abstract

The article consists of a thought experiment involving the modeling and conceptually positioning of the new political community and the political (theoretical) and constitutional construct that Prime Minister Orbán claims to have created and institutionalized through a new constitution in Hungary. Two concepts are at the center of the analysis: the contours, organizational foundations and defining features of the self-proclaimed new political community and the morphology and consequences of the illiberal nature of the newly established regime. The author argues that the Orbán government’s self-proclaimed revolutionary regime claims, to have reconstituted and re‑conceptualized the relationship between the state and its citizens, both in institutional and normative terms and ‘illiberalism’ is a form of constitutional identity guiding the discursive framework of this new political community

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