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ABOUT THE AUTHOR

András Sajó

András Sajó is a Professor of Law at the Central European University (CEU) in Budapest and a former judge at the European Court of Human Rights.

POSTS BY András Sajó

20 December 2023

Militant Rule of Law

To protect the rule of law based legal system against abusive use of the loopholes, imperfections, contradictions of the law, to avoid legal inertia legal positivist arguments are needed to convince and mobilize the legal mind. The same applies when the blind fortune of democracy provides the opportunity to erase the legally enthroned injustice and domination of illiberal regimes. When it comes to legal enactments that serve legal cheating the rule of law must respond to systemic abuse of the law, and that requires and justifies a rule of law based exceptionalism and a systemic remedy. Continue reading >>

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09 December 2021

“La légalité nous tue”

It is not out of question that the united Hungarian opposition will obtain Parliamentary majority in 2022, but a constituent supermajority of two thirds remains wishful thinking. Winning the election will not result in actual governmental power. The Fundamental Law was a nice opportunity to purge constitutional institutions. Is another round of purge inevitable with the restoration of the rule of law? The dictates of necessity offer an unappealing perspective and textbook constitutionalism is not prepared for dirty reality. Continue reading >>

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17 November 2021

Andrew Arato, András Sajó

Restoring Constitutionalism

How to restore constitutionalism and the rule of law is a somewhat neglected problem among constitutionalists. Thanks to forthcoming elections, some countries like Hungary where “democratic backsliding” has taken place, may have the opportunity to restore the rule of law. Is a democratic community bound to follow constitutional rules of dubious democratic nature? Or can these be replaced in violation of legality, for example in an extra-parliamentary democratic process? If so, under what conditions? We call on constitutionalists to provide answers to these questions and formulate alternatives between the two extremes of legality and paralysis, possibly involving an element of illegality, but compensating for this by dramatic increase of democratic legitimacy. Continue reading >>

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