Poland

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.
by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary This short note argues that the term illiberal constitutionalism shall be used when describing the constitutional system of a particular state in the process of backsliding from the state of constitutional democracy towards an authoritarian regime. The main argument of those who oppose this term is that constitutionalism cannot be anything else but liberal. Neither Hungary nor Poland can nurture constitutionalism anymore because there are no effective constraints on public power.
by Bartosz Marciniak, PhD candidate at the Law Department of the European University Institute in Florence, former Visiting Doctoral Researcher at the New York University School of Law. Due to the increasing disrespect for the rule of law in Poland, I have decided to draw the attention of foreign constitutional law experts to recent events in Poland, which already have been labelled by many commentators as amounting to a ‘constitutional crisis’. Due to the language barrier and the astonishing rapidity with which the said events have occurred, much of the disturbing news has not yet reached media sources outside Poland.

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Swiss votations on February 9, 2020

by Prof. Markus Kern / Fabian Schmid, University of Bern

On February 9, 2020, two proposals were up for decision by the Swiss electorate:
– the Popular Initiative claiming “more affordable homes” as well as
– a referendum concerning a ban on discrimination based on sexual orientation in criminal law
The Popular Initiative was rejected by 57.1% of the Swiss population and by all but 4½ of the cantons, whereas the amendment of criminal law was clearly accepted by a majority of 63.1% of the voters. Electoral turnout was at 41.7% resp. 40.9%.

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Illiberal constitutionalism 2 – constraints on public power

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary

Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.

Read More »