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

R. Daniel Kelemen, Laurent Pech

Research output: Contribution to journalArticlepeer-review

11 Scopus citations

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.

Original languageEnglish (US)
Pages (from-to)59-74
Number of pages16
JournalCambridge Yearbook of European Legal Studies
Volume21
DOIs
StatePublished - 2019
Externally publishedYes

All Science Journal Classification (ASJC) codes

  • Law

Keywords

  • Authoritarianism
  • Constitutional identity
  • Constitutional pluralism
  • Hungary
  • Poland
  • Primacy

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