The Changes Undermining the Functioning of a Constitutional Democracy

Fleck, Zoltán and Kovács, Ágnes and Körtvélyesi, Zsolt and Polyák, Gábor and Sólyom, Péter and Mészáros, Gábor (2022) The Changes Undermining the Functioning of a Constitutional Democracy. MTA LAW WORKING PAPERS (9). pp. 1-55. ISSN 2064-4515

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Abstract

This paper reviews the changes that relate to institutions that play a central role in maintaining a functioning democracy. The chapters document how these institutions and areas where, one by one, transformed to undermine constitutionalism and democracy, subjecting them to a political logic that ended up undermining the autonomies that are essential to fulfil their constitutional and democratic mission. Chapter 1 discusses how essential features of parliamentarism disappeared, chapter 2 overviews the misuse of exceptional measures, and chapter 3 takes a brief look at how the independence of the judiciary has been challenged. Chapter 4 and 5 document key developments that transformed the fields of academia and media, areas that could have played an important role in checking power through public discussions.

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