Search Results

You are looking at 1 - 3 of 3 items for

  • Author or Editor: András László Pap x
  • Refine by Access: All Content x
Clear All Modify Search

Abstract

The article consists of a thought experiment involving the modeling and conceptually positioning of the new political community and the political (theoretical) and constitutional construct that Prime Minister Orbán claims to have created and institutionalized through a new constitution in Hungary. Two concepts are at the center of the analysis: the contours, organizational foundations and defining features of the self-proclaimed new political community and the morphology and consequences of the illiberal nature of the newly established regime. The author argues that the Orbán government's self-proclaimed revolutionary regime claims, to have reconstituted and re-conceptualized the relationship between the state and its citizens, both in institutional and normative terms and ‘illiberalism’ is a form of constitutional identity guiding the discursive framework of this new political community.

Full access

Abstract

With special focus on free speech, as well as on classroom surveillance (proliferating in the Covid-pandemic digital learning environment), the paper aims to identify contextual dimensions for academic freedom as a matured legal concept – and one to be assessed via a business and human rights approach, due to its peculiar position between the public and private spheres. The project is triggered by the fact that despite its widespread usage in international documents and domestic constitutions, academic freedom remains underdeveloped in terms of conceptual tools, operationalizing mechanisms, monitoring methods and benchmarking schemes. There are also competing notions on how to best conceptualize it: as an individual right, a set of requirements for autonomous institutional design, a field to be regulated for market service providers or public commodities, a tool for international policy making, or academic ranking – not to mention the challenge of how to incorporate challenges brought by social justice movements. These considerations all require different policy tools and adjacent legal targeting.

Open access

Abstract

This article begins with a brief overview of the characteristics of illiberal democracy proclaimed in Hungary and followed by Poland, the once 'Musterkinder' of European integration and compliance with the EU values and law. In the second part the weaknesses of multi-level constitutionalism is analyzed by addressing the Hungarian and Polish illiberal turn. The third part consists of a country-specific contextual analysis examining remedies to illiberal democracy in a normative focus.

Open access