Understanding the reservoirs of constitutional court resilience

Steuer, Max (2024) Understanding the reservoirs of constitutional court resilience. Oñati Socio-Legal Series. ISSN 2079-5971 (In Press)

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Abstract

Attitudinal and strategic models prevail in studying the capacities of centralized constitutional courts (CCs) to withstand autocratization. Yet, these models rarely scrutinize CCs’ interpretations of political concepts. This article aims to remedy the gap via an institutionalist approach to the significance of conceptualizations of democracy by CCs. It invokes a maximalist reading of democracy to accommodate a wide range of conceptions, is diachronic, squarable with comparative case studies and sensitive to political regime types, using an ideal-typical distinction between semi-authoritarian, illiberal and democratic regimes. The article illustrates the potential of this approach by presenting a dataset on CCs in Hungary and Slovakia. Both regimes have formally powerful CCs with a non-democratic experience. Yet, they seem to have taken a different trajectory since 2010. The article suggests that analysing these two CCs’ conceptions of democracy can advance our understanding of their role in preventing (or failing to prevent) autocratization in Hungary and Slovakia.

Item Type: Article
Keywords: Constitutional courts | Democracy | Paired comparison | Viségrad Four
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 29 Jun 2024 05:31
Last Modified: 29 Jun 2024 05:31
Official URL: https://doi.org/10.35295/osls.iisl.1897
URI: https://pure.jgu.edu.in/id/eprint/8014

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