24 Februar 2022
Universalism and Particularism in Constitutional Drafting
How can democratic constitutional reformers overcome the obstacles put in place by authoritarian constitution-makers? What are the foundational values that could compete for the attention of the constitution drafters? This question is a new iteration of the same old problem of law, democracy, and disagreement. Continue reading >>
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14 Mai 2021
WEBINAR 4: „The Rule of Law in the Pandemic“
The COVID-19 pandemic has placed extreme strain on legal systems, requiring action in response to fast-changing and complex situation of the pandemic emergency. This panel evaluates state action - and in particular, executive-decision making - in response to the pandemic against the standard of the rule of law, and considers whether this will lead to permanent shifts in legal systems worldwide. Continue reading >>
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11 März 2021
Hungary and the Pandemic: A Pretext for Expanding Power
A year ago, the first lockdowns were introduced in Europe. Since then, European governments have been busy introducing COVID-19 containment measures, including social distancing rules and mask mandates. For two months, they have been vaccinating the people. Ostensibly, the EU countries have taken similar steps. This piece provides a sketch of how the Hungarian government has handled the pandemic. Continue reading >>
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06 April 2020
Hungary’s Orbánistan: A Complete Arsenal of Emergency Powers
On 23 March 1933, an act was adopted in Nazi Germany in response to the “crisis” of the Reichstag fire to enable Hitler to issue decrees independently of the Reichstag and the presidency. Article 48 of the constitution of the Weimar Republic made this act possible. Eighty-seven years later, on 23 March 2020, the so-called 'Enabling Act' was put before the Hungarian Parliament. This was drafted under emergency constitutional provisions in Articles 48-54. Continue reading >>09 Dezember 2019
Round Table: An Adept Device for Constitutional Politics
The year 1989 entered history books as the year of the peaceful dismantling of Soviet-type regimes in East-Central Europe. These regimes did not collapse because of classical revolutions; the process ultimately involved round table negotiations between delegates of the undemocratic powerholders and the democratic opposition. Today the people in the Visegrád countries are divided in their opinions regarding the round tables, not least because of the widespread questioning of its achievements. Continue reading >>
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07 September 2019
The Age of Constitutional Barbarism
We need to rediscover the force of normative arguments in order to better understand the autocratic rivals to liberal democracy. Geburtstagskind Verfassungsblog provides a vibrant and openly accessible forum for discussions. Continue reading >>06 Dezember 2018
Introduction: Constitutional Resilience and the German Grundgesetz
What lessons does the plight of the Polish and the Hungarian democracy hold for a seemingly stable constitutional state like Germany? How resilient would the German constitutional setup turn out to be in the case of an authoritarian majority taking and successfully holding on to power? What kind of legal or institutional changes may be helpful to make that event less likely and/or less hard to prevent? These were the questions we aimed to address in a debate jointly organized by Verfassungsblog and WZB Center for Global Constitutionalism, generously supported by Stiftung Mercator. Continue reading >>20 Juli 2017
Why Do We Need International Legal Standards for Constitutional Referendums?
Important substantive and institutional guarantees ensure the democratic quality of the general elections. In the case of a referendum these substantive and procedural guarantees are almost completely missing. Only international soft law deals with the question of the democratic quality of the referendum. Recent experience with Turkey, Hungary and other places show that this needs to change. Continue reading >>
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17 März 2016