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.
|Original language||English (US)|
|Number of pages||16|
|Journal||Cambridge Yearbook of European Legal Studies|
|State||Published - 2019|
All Science Journal Classification (ASJC) codes
- Constitutional identity
- Constitutional pluralism