: Constitutional Identity? The Hungarian Model of Illiberal Democracy
Andris L. Pap
By connecting to ongoing scholarly discussions on conceptualizing “illiberal democracy” and analyzing the phenomenon of anti-democratic backlash in post-2010 Hungary, this chapter seeks to provide a description and an analysis of the “Hungarian model of illiberal democracy.” Throughout this text, “illiberal” is understood as a privative prefix, referring to a constitutional and political condition that creates a unique middle ground between a constitutional democracy and an autocracy. It is argued that the “Hungarian illiberal democracy” is neither a construct ofconstitutional philosophy, nor a principle for constitutional design, nor is it characteristically illiberal within the interpretative framework of political theory. Rather, it is a tool to channel, define, and dominate general political discourse and to provide a discursive framework for political identification and ideologically biased, yet divergent and ad hoc legislation. It is argued that “illiberalism” is actually a form of constitutional identity, the discursive framework of this new political community that
A.L. Pap (*)
Department for the Study of Constitutionalism and the Rule of Law, Hungarian Academy of Sciences Centre for Social Sciences at the Institute for Legal Studies, Budapest, Hungary
© The Author(s) 2017
Fish, Gill, Petrovic (eds.), A Quarter Century of Post-Communism Assessed, DOI 10.1007/978-3-319-43437-7_7
the Orban-regime claims to have established. The morphosis of this Hungarian model for illiberal democracy manifests itself normatively through value preferences expressed in the new constitution, as well as in a quasi-normative political declaration that serves as a manifesto for the new political community it envisages.