Date: 2021
Type: Article
Illiberal constitutional theories
Jus politicum, 2021, No. 25, pp. 135-152
HALMAI, Gábor, Illiberal constitutional theories, Jus politicum, 2021, No. 25, pp. 135-152
- https://hdl.handle.net/1814/71260
Retrieved from Cadmus, EUI Research Repository
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.
Additional information:
First published online: 31 January 2021
Cadmus permanent link: https://hdl.handle.net/1814/71260
ISSN: 2105-0937
Publisher: Dalloz
Other topic(s): CoFoE European democracy
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