ABSTRACT
Liberal constitutionalism has been challenged not only in East Central Europe. However, Western democracies can cope successfully with attacks on liberal constitutionalism. They have strong institutions, such as courts, media and civil services. Where such institutions are weak, the danger of a drift toward authoritarianism is serious, especially when liberal constitutionalism is not supported by the majority of the people. This chapter debates the growing authoritarianism in Poland – as a particular case study – in order to illustrate the current dramatic rapidity and the comprehensive nature and efficiency of the devastation of liberal democratic constitutionalism. The changes in Poland are debated and contrasted with the changes of constitutionalism in Hungary, presently on the verge of some form of authoritarianism, too. Blatant instrumentalism, and in the Polish case the almost legal nihilism of the approach to the constitution and to the rule of law, characterise the ruling majorities in Hungary and Poland. Some explanation of the rejection of liberal constitutionalism in both countries is presented by reference to the lack of popular legitimisation in values and world-views as an important component of liberal constitutionalism and by reference to the rule of law.
