Judicial self-perceptions and the separation of powers in varied political regime contexts: the constitutional courts in Hungary and Slovakia

Steuer, Max (2023) Judicial self-perceptions and the separation of powers in varied political regime contexts: the constitutional courts in Hungary and Slovakia. European Politics and Society. ISSN 2374-5126 (In Press)

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Abstract

The study of constitutional courts (CCs) of post-communist Europe typically entailed the belief in CCs’ transformative potential for the consolidation of democracy. Recently, this belief has been questioned, albeit the knowledge of why at least some CCs in the region failed to prevent the rise of non-democratic regimes remains limited. This article addresses this gap via the cases of Hungary and Slovakia, which have taken a different trajectory post-2010: the Slovak CC (SCC) remains an independent institution, while the Hungarian CC (HCC) has been packed by the executive. By combining contextual case law analysis of judgments referring to democracy and semi-structured interviews, the article shows that, during critical moments, the HCC did not perceive itself as responsible for Hungarian democracy, which resulted in its self-marginalisation. The SCC was largely spared from similarly critical moments, which, however, facilitated particular self-perceptions of its responsibility (or lack thereof). These findings offer empirical support for institutionalist scholarship that emphasizes the impact of ideas in calibrating the self-perceptions of political institutions and their positioning in the political system. Constitutional courts remain inseparable from the political regimes they are located in

Item Type: Article
Keywords: Constitutional Courts | Illiberalization | Democracy Protection | Hungary | Slovakia | Contextual Case Law Analysis
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 12 Oct 2023 04:30
Last Modified: 12 Oct 2023 04:30
Official URL: https://doi.org/10.1080/23745118.2023.2244390
URI: https://pure.jgu.edu.in/id/eprint/6726

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