{"title":"Emergency powers in a hybrid regime: the case of Hungary","authors":"Csaba Győry, Nyasha Weinberg","doi":"10.1080/20508840.2020.1838755","DOIUrl":null,"url":null,"abstract":"ABSTRACT How should we understand the Hungarian government’s activities since the beginning of the Covid-19 crisis? This article reviews Hungary’s emergency law, and the decrees passed under the emergency authorisation to date, as well as the ending of the state of emergency and the subsequently introduced new statutory emergency regime to ask how Hungary’s actions in recent months should be understood. As the paper demonstrates, bringing in insights from political theory to inform constitutional law approaches to legislative practice can help shed some light on the enigma of Hungary’s apparent legislative ‘restraint’.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2020.1838755","citationCount":"7","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2020.1838755","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 7
Abstract
ABSTRACT How should we understand the Hungarian government’s activities since the beginning of the Covid-19 crisis? This article reviews Hungary’s emergency law, and the decrees passed under the emergency authorisation to date, as well as the ending of the state of emergency and the subsequently introduced new statutory emergency regime to ask how Hungary’s actions in recent months should be understood. As the paper demonstrates, bringing in insights from political theory to inform constitutional law approaches to legislative practice can help shed some light on the enigma of Hungary’s apparent legislative ‘restraint’.
期刊介绍：
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
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