ABSTRACT
This chapter presents make some comparative remarks on the role and destiny of constitutional courts in countries that, although they belong in different cultural and geopolitical contexts, have all experienced a constitutional deterioration in the last few years. It considers how the ‘normalization’ or ‘neutralization’ of the courts has triggered and then maintained illiberal degeneration. The chapter explores the role played by the ‘reformed’ courts in the new political reality, and also takes into account the dialog with international courts. The involvement of constitutional courts in constitutional regression has several causes, particularly the will of the dominant political majority at a given moment in history, to which one can add mistakes by previous legislators or framers of the constitution, as was the case in Hungary and Poland. A similar tendency is found in the jurisprudence concerning fundamental political rights, with the Court having substantially supported the restrictions on freedom of assembly and association.
