The Unfolding Illiberalism in Hungary

IF 0.5 4区社会学 Q3 LAW

Review of Central and East European Law Pub Date : 2022-12-22 DOI:10.1163/15730352-bja10071

Tímea Drinóczi

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引用次数: 2

Abstract

The emerging literature on illiberalisms offers a framework for detecting whether or not a special Hungarian illiberalism has been unfolding. Over the last 12 years, Hungary’s former liberal constitutionalist nature has been changed to illiberal constitutionalism. This transformation of the constitutional system recently culminated with the fourth consecutive electoral victory of Viktor Orbán in April 2022. Nevertheless, the possible ideological nature of Orbán’s regime has been understudied so far. Drawing on some newly published literature on illiberalisms, I claim that changes in electoral law (2014), the revised approach to the relationship between EU law and domestic law (2016 and 2021), and identity rights (2013, 2019–2020), along with the preceding political narratives, can be viewed as seeds from which a special, state-driven illiberalism has been growing in Hungary. If it is so, it could be concluded that Hungarian illiberalism is based on and the result of two factors: i) the translation of illiberal speech into the language of the law, and ii) the creation of intertwined identities for the constitution, the state, and citizens, which are based on (ethno)nationalism, sovereigntism, traditionalism and heteronormativity against mainly EU obligations and Western values.

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在匈牙利展开的非自由主义

新兴的反自由主义文献提供了一个框架，可以用来检测匈牙利的一种特殊的反自由主义是否正在展开。在过去的12年里，匈牙利从前的自由宪政本质已经转变为非自由宪政。这一宪政体制的转变最近以2022年4月维克多Orbán连续第四次赢得选举而达到高潮。然而，到目前为止，Orbán政权可能的意识形态性质还没有得到充分的研究。根据一些新发表的关于非自由主义的文献，我声称选举法(2014年)的变化，欧盟法与国内法(2016年和2021年)之间关系的修订方法，以及身份权利(2013年，2019年至2020年)，以及之前的政治叙述，可以被视为一种特殊的，国家驱动的非自由主义在匈牙利生长的种子。如果是这样的话，可以得出结论，匈牙利的非自由主义基于两个因素:1)将非自由主义言论翻译成法律语言;2)创造了宪法、国家和公民相互交织的身份认同，这些身份认同基于(种族)民族主义、主权主义、传统主义和反欧盟义务和西方价值观的异规范。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Review of Central and East European Law LAW-

CiteScore

0.90

自引率

0.00%

发文量

期刊介绍： Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.