This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.

part I|42 pages

Rule of Law

chapter 1|40 pages

Illiberal constitutionalism and the European Rule of Law

ByTímea Drinóczi, Agnieszka Bień-Kacała

part II|60 pages

Rule of Law

part III|48 pages

Rule of Law in national practice

chapter 4|14 pages

The Rule of Law, democracy, and human rights in Hungary

Tendencies from 1989 until 2019
ByAndrás Jakab, Eszter Bodnár

chapter 5|14 pages

The Rule of Law

The Hungarian perspective
ByTímea Drinóczi

chapter 6|18 pages

The Rule of Law

The Polish perspective
ByIwona Wróblewska

part IV|66 pages

Rule of Law and supranational struggles

chapter 7|21 pages

Rule of Law in Hungary

What can law and politics do?
ByLóránt Csink

chapter 8|20 pages

Safeguarding the European Union’s core values

The EU Rule of Law mission in Poland
BySylwia Majkowska-Szulc

part V|22 pages

Illiberal legality vs. European Rule of Law

chapter 10|20 pages

Illiberal legality

ByTímea Drinóczi, Agnieszka Bień-Kacała