Stepping Into the Same River Twice? Judicial Independence in Old and New Authoritarianism

نویسندگان

چکیده

Abstract The study seeks to answer the question of whether there are similarities between methods used limit judicial independence in Hungary during last phase communist regime, i.e. before democratic transition, and today, when many scholars believe that an authoritarian transition is taking place this country. For purpose, I argue despite undeniable fundamental differences political legal system these two periods, mechanisms ways as judiciary were influenced by government can plausibly be compared. analysis seems support presumption: both formal instruments informal channels influence hands ruling forces show a number similarities. Thus, even if degree their application result, from centralizing administration replacing court leaders with politically loyal people enable central judiciary, while maintaining appearance independence.

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ژورنال

عنوان ژورنال: German Law Journal

سال: 2021

ISSN: ['2071-8322']

DOI: https://doi.org/10.1017/glj.2021.69