16 January 2025
Targeting Disciplinary Courts
Hungary has faced significant challenges to judicial independence in recent years. The incumbent Chief Justice appears to have been working for some time to take control over disciplinary proceedings. In a recent development, the sweeping outrage of judges against planned structural reforms may have created the political opportunity to further silence dissenting voices. The Chief Justice’s New Year Greetings made it clear that the threat is real. Hungary could be on the verge of a full-scale judicial capture. Continue reading >>
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15 January 2025
How the Destroyers of Academic Freedom Masquerade Themselves as Its Victims
Under the authoritarian leadership of Hungarian Prime Minister Viktor Orbán, the government has started a culture war to dismantle the independence of academic institutions, including universities and the Hungarian Academy of Sciences, arguing that they represent a threat to their proudly proclaimed illiberal ideology. Ironically, after dismantling academic freedom in the country, Orbán’s administration started to claim that actually the liberals are the ones who, through "cancel culture", threaten academic freedom. Continue reading >>31 October 2024
Courts, Constitutions and Authoritarian Consolidation in Pakistan
In 2024, Pakistan has moved in a decisively authoritarian direction. The civilian and military hybrid ruling coalition that came to power in 2022 is using electoral engineering and constitutional entrenchment to consolidate power in the face of popular discontent and resilient political opposition. This process of electoral and constitutional consolidation does not move forward unimpeded, without resistance, and requires capturing and coordinating state institutions. In this blogpost, I show that formal constitutional safeguards provided little protection against the hybrid regime’s capture and weaponization of electoral monitoring bodies. Continue reading >>
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24 July 2024
A Democratic Mandate to Overhaul Mexico’s Judiciary?
It is time to take the present threat as what it is: the most serious threat to Mexico’s constitutional democracy at least since the slow start of the democratic transition in the late 1970’s. The constitutional amendment to the judiciary will translate into an incommensurable retrocession in terms of professionalization and judicial independence building. The day after the amendment is passed, Mexico will officially be less democratic and more authoritarian in that the scrutiny of the exercise of public power would have been put at great risk. Continue reading >>
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29 April 2024
The Enemy Within
Naivety persists when it comes to understanding the scope of the hybrid war that Russia is currently waging against us, with the role played by the Hungarian Prime Minister Viktor Orban being a good example. European diplomats, politicians and commentators continue to underestimate the security risk that he poses as Putin's willing puppet. As a result, they are right now sleepwalking into what will likely be a disastrous Hungarian EU Presidency, not only for the Union itself but also for Ukraine. Continue reading >>12 March 2024
How Populist Politicians Are Weakening the Kenyan Judiciary
The Kenyan President and his parliamentary allies are guilty of constitutional vandalism. In what has become an increasingly popular political move, they conveniently blame the judiciary for their unfulfilled promises, making the courts an easy target in a democracy backsliding. Lacking public outreach – judges neither organise rallies nor post on social media –, the judiciary has become a scapegoat to rally political support. While courts aren't beyond criticism, some attacks are self-serving, often from those with pending or impending court cases. Continue reading >>
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21 February 2024
Autocratic (Il)legalism
It is a common myth that since the Fidesz-KDNP coalition has almost always had a two-thirds parliamentary majority since 2010, the Orbán-government could pass its illiberal legislative reforms in a legally correct manner. In reality, however, many laws that constitute the pillars of Orbán’s illiberal regime were enacted in violation of the procedural requirements of the rule of law. The European Commission’s country visit to Hungary provides an opportunity to remind the EU bodies of their responsibility to enforce all requirements of the rule of law without compromise. Continue reading >>
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12 December 2023
Trick and Treat?
Almost a year has passed since the European Union decided to block the payment of EUR 27 billion in union funds to Hungary under several instruments. Access to the largest part of the frozen funds - altogether EUR 13 billion - depends on whether Hungary complies with its undertakings to strengthen judicial independence. The government claims to have met all four of the so-called super milestones by adopting a judicial package in May 2023 and requests access to the blocked funds under Hungary’s Recovery and Resilience Fund (RRF) and ten different operative programmes. However, upon taking a closer look at the preconditions to the payments and the nature and implementation of the proposed reforms, it becomes clear that Hungary is still playing tricks to avoid compliance. Continue reading >>
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12 July 2023
Did Israel Lose its Sanity?
Israel is in the midst of an acute struggle over its constitutional identity. We are witnessing a government adamant about revolutionizing Israel’s constitution (“Basic Laws”), which may typically be amended by a simple majority of the legislature and is thus prey to the whims of an extreme government. The most recent move on the government’s agenda, passing a constitutional amendment that would severely restrict the reasonableness doctrine, would bring Israel closer to the brink of constitutional chaos. In this blog, I explain the theoretical arguments in favor and against the proposal and lay out the implications, should this proposal go through, given the government’s true, concerning motivations that are already evident on the grounds. Continue reading >>
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24 June 2023