Restoring Constitutionalism - An open letter
Arato, Andrew
Author
aut
Sajó, András
Author
aut
Text
xx#
2021
Verfassungsblog
2021-11-17
eng
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.
CC BY-SA 4.0
Arato, Andrew
Autocratic Legalism
Constitutional Reset
Constitutionalism
Democratic Backsliding
Viktor Orbán
342
https://verfassungsblog.de/restoring-constitutionalism/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20211117-202408-0
211117
10.17176/20211117-202408-0
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(Revision 1.140 20200717)