Constitutional Justice under Populism

Features: 

Since the subject-matter of the volume is by its approach of constitutional change in populism is an unexamined one, neither a monograph nor an edited volume on the effects of populism on a specific legal institution, one already facing different external challenges (financial crisis, migration, security crisis, Covid-19 etc. issues), has been published so far. The book follows a unique approach in the framework of populist constitutionalism studies, because it combines the following features: 

• focuses on one of the greatest contemporary challenges to constitutional democracies;

• is authored by a pre-eminent scholar of Hungarian law;  

• gives insight into the various problems of constitutional review, the transformation of the institution by constitution-making and legislation and its legal practice; and

• contributes to the theories of and knowledge on the impacts of external challenges, especially those created by political systems, on the constitution and law by focusing on studying the transformation of the Hungarian Constitutional Court.

• it provides additional information with high contextual value to the book edited by the author: Fruzsina Gárdos-Orosz, together with Kinga Zakariás, entitled: 30 Years of jurisprudence of the Hungarian Constitutional Court 1990-2020 (Nomos Verlag, Baden-Baden, 2022).

Benefits:

Because of the uniqueness of the topic of the book, its target group includes scholars and practitioners from all over the world who are interested in populism studies, comparative constitutional systems, and especially in Hungarian law and jurisprudence, as well as constitutional review. It will be an important reference, as it gives insight into the Hungarian ways of the legal treatment of the most urgent present-day challenges in the framework of populist constitutionalism. Both the various patterns of responding to the modern challenges and their analyses provided by this book should stimulate intensive academic discussion. University students of faculties of law and political science can also be interested in this book. Furthermore, judges, especially judges of constitutional courts and supreme courts could also be a target audience of the proposed book, due to the extensive relevance of the judicial dialogue in contemporary jurisprudence. Shared knowledge about the new methods of studying populist change, legislation and the reaction of the courts to it may be of wide interest. 

Keywords: constitutional review, constitutional justice in Hungary, Hungarian constitutional law, populism and courts, populism, illiberal democracy, Hungarian Constitutional Court, comparative constitutional review 

Author:

Fruzsina GÁRDOS-OROSZ

Fruzsina Gárdos-Orosz is director and research professor of the Institute for Legal Studies, Centre for Social Sciences and also professor of public law at the ELTE Law School in Budapest. She worked at the Hungarian Constitutional Court between 2003-2007 and 2010-2014 as law clerk in different positions. She has published extensively on the development of the Hungarian constitutional system, the constitutional complaint procedure and on the competence of the Constitutional Court. She has over 150 publications in Hungarian, English and French on the rule of law and the separation of powers, with regard to judicial review and the protection of human rights.

https://jog.tk.hu/kutato/gardos-orosz-fruzsina