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Illiberal constitutional theories
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2105-0937
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Jus politicum, 2021, No. 25, pp. 135-152
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HALMAI, Gábor, Illiberal constitutional theories, Jus politicum, 2021, No. 25, pp. 135-152 - https://hdl.handle.net/1814/71260
Abstract
The paper deals with constitutional theories as foundations of illiberal system in Europe. The first part tries to answer the question, whether there is a genuine constitutional theory of ‘illiberal’ or ‘nonliberal constitutionalism’? The paper argues that the constitutional concept, which rejects liberalism as a constitutive precondition of democracy, cannot be in compliance with the traditional idea of liberal democratic constitutionalism. The second part discusses different attempts to legitimize ‘illiberal constitutionalism’ arguing that this concept has nothing to do with any majoritarian constitutional model based on the separation of power, or with political constitutionalism, or any kind of weak judicial review, and it misuses the concept of constitutional identity.
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First published online: 31 January 2021