Illiberal Constitutionalism in Poland and Hungary

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population.

The work consists of seven Parts. Part I outlines the volume?s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author?s conclusions and looks to the future.

The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.

"A powerful analysis of one of the most worrying political phenomena of the 21^stCentury, which the authors describe as ?illiberalism?. No lawyer or political analyst concerned with democracy and the rule of law can be indifferent to the processes and tensions described in this book, which teaches a lot about democracy and how a political community can fail to engage with it."

Thomas Bustamante, Federal University of Minas Gerais, Brazil.

"For all their differences ? well displayed in this remarkable book ? Hungary and Poland remain in many ways "sick men/women of Europe". As two eminent constitutional scholars from these countries show, these states have reached a status which they dub "illiberal constitutionalism", a rather sorry condition between liberal democracy and outright autocracy. The analysis in this book is as disturbing as it is impressive, covering a very broad range of issues, including those not often tackled in traditional constitutionalism (such as the role of emotions in shaping constitutional values). I recommend this book unreservedly."

Wojciech Sadurski, Challis Professor of Jurisprudence in the University of Sydney, and Professor in the Center for Europe at University of Warsaw.

"In 1989, the Communist period ended in Hungary and Poland and there was great hope for their renewed participation in the family of democratic states. By the 2010's both countries exhibited features that, from a distance, seemed autocratic and difficult to explain. Drinóczi and Bień-Kacała pinpoint the meaning of the "illiberal" qualifier of both democracy and constitutionalism. They synthesize others' analysis and add their own, necessary for understanding this phenomenon, half-way between traditional, liberal, constitutionalism and authoritarian government. They also explain how illiberalism has affected their two countries, which, although profoundly changed, still remain within the fold of European states. The core of this change is the struggle between the substantial realization of the rule of law, constitutionalism and democracy on one side, versus self-perceived national identity, charismatic leadership and governmental stubbornness on the other. The real question posed by this read is whether illiberalism is a detour toward a more perfectible democracy or a path in the direction of a unique brand of authoritarianism. In sum, this book is important in understanding current strains in democracy."

Gregory Tardi, DJur., Executive Director, Institute of Parliamentary and Political Law.

"Rejecting Tolstoy's aphorism that 'each unhappy family is unhappy in its own way,' Drinoczi Timea and Agnieszka Bien-Kacala demonstrate that two regimes in Eastern Europe are both suffering from 'illiberal democracy.'" Their analysis of illiberal democracy and charismatic leadership provides vital insights into Polish and Hungarian constitutional politics, and provides in an important window into a too possible future for constitutional democracies throughout the world."

Mark A. Graber, Regents Professor, University of Maryland Carey School of Law.