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SSRN Electronic Journal
Article . 2013 . Peer-reviewed
Data sources: Crossref
EconStor
Research . 2013
Data sources: EconStor
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The 'Partisan Constitution' and the Corrosion of European Constitutional Culture

Authors: Marco Dani;

The 'Partisan Constitution' and the Corrosion of European Constitutional Culture

Abstract

The paper examines the legal developments associated with new Hungarian Constitution, a text that, by entrenching the normative convictions and institutional solutions favored by a contingent political majority, gives rise to a distinct institutional setting: the ‘partisan constitution’. The analysis unfolds in three stages. Firstly, the new Hungarian Constitution is contrasted with the idea of pluralist constitution traditionally inspiring national European constitutions. Secondly, by investigating the reactions of European institutions to the approval and implementation of the partisan constitution, the difficulties in affirming EU values post enlargement are discussed. Finally, the Hungarian Constitution is assessed also in the light of the prevailing contemporary EU legal culture. It is argued that the Hungarian Constitution reproduces in amplified and grotesque form a more profound and pervasive phenomenon: the corrosion of European constitutional culture. Thus, rather than looking at it as a backward product and a contingent malaise, we should study and criticize it as the most emblematical example of a broader trend: the decline of the idea of pluralist constitution.

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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    13
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
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Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
13
Top 10%
Top 10%
Top 10%
bronze