The uses and abuses of constitutional pluralism: undermining the rule of law in the name of constitutional identity in Hungary and Poland

Kelemen, R. Daniel and Pech, Laurent ORCID: https://orcid.org/0000-0002-1608-1285 (2019) The uses and abuses of constitutional pluralism: undermining the rule of law in the name of constitutional identity in Hungary and Poland. Cambridge Yearbook of European Legal Studies, 21 . pp. 59-74. ISSN 1528-8870 (doi:10.1017/cel.2019.11)

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Abstract

This article explains why autocrats love constitutional pluralism and constitutional identity. Though these concepts were developed by scholars and jurists with the best of intentions in mind, we explain why they are also attractive to and inherently prone to abuse by autocrats. We then describe how the regimes in Hungary and Poland have made use of these concepts in their drive to consolidate autocracy. We conclude that given the dangers inherent in constitutional pluralism and its susceptibility to abuse, it should be replaced with a more traditional understanding of the primacy of EU law.

Item Type: Article
Research Areas: A. > School of Law > Law and Politics
Item ID: 28265
Notes on copyright: This article has been published in a revised form in Cambridge Yearbook of European Legal Studies https://doi.org/10.1017/cel.2019.11.
This version is free to view and download for private research and study only. Not for re-distribution or re-use.
© Centre for European Legal Studies, Faculty of Law, University of Cambridge
Useful Links:
Depositing User: Laurent Pech
Date Deposited: 21 Nov 2019 22:39
Last Modified: 14 Jul 2020 19:23
URI: https://eprints.mdx.ac.uk/id/eprint/28265

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