Goat, Cabbage and Wolf
According to a flurry of recent news, snowballed in almost identical form in the Western press, the Romanian Constitutional Court has ruled, just before Christmas, to deny the primacy of EU law. More often than not, analogies with Poland were made, glossing on surface similarities. The juxtaposition is misleading. As the late János Kornai put it, simply because we [i.e., countries in the hinterland, ces pays là-bas] are in the same hospital, that does not mean we suffer from the same sicknesses.
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Handle with Care
I will, in what follows, seek to answer the overarching question of this symposium, starting from a cautionary Romanian rule of law (RoL) reform tale. Other things being equal, its lessons may be extrapolated to the specific case of hopefully post-Orbánite Hungary. The specific context of Hungary presents, at least apparently, the Romanian problem in reverse, namely, the transition from an authoritarian nationalist regime to a pluralist, European, rule of law order. Continue reading >>
“Not What We Were Promised”
Review Essay
The four volumes subject to this review essay address the liberal-constitutional question of our times.They seek to play the long game, by addressing causes and phenomena. Together, they offer a balanced assortment of positions: two (Frankenberg and Holmes-Krastev) are primarily written as defences of the fraying liberal consensus against the recent populist onslaught, whereas the second group (Parau and Wilkinson) question what the authors believe to be liberal internationalism gone awry.
Status Quo Hegemony?
For over a decade now, the mainstream liberal discourse, also on the Verfassungsblog, has consisted in the incantation of one mantra: ‘populists’ are destroying ‘the rule of law’. What started as an attempt to describe the post-2011 situation in Hungary has gradually become a conceptual master key or, better yet, a jack-of-all-trades. Continue reading >>