The rule of law in the grip of populist authoritarianism: Hungary and Poland

Abstract

This article examines the impact of populism on the rule of law in Hungary and Poland. It argues that political discourse is important in setting the political agenda and is often followed by the criminalization of minorities, Euroskepticism, intervening in the operation of supreme courts, affecting the decisions of the judges, and disregarding international law and/or supranational legal orders. It also highlights how politicization and securitization increasingly operate under populist authoritarian regimes through the legal system and legislative initiatives to increase the power of the government and the ruling party. Discourse analysis is a valuable tool to reveal whether a legislator's intention serves the people or exploits power to change the structure and functioning of the political system. Thus, this article follows the course of politics in Hungary and Poland from discourse to hijacking democracy through instrumentalizing the rule of law.

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