Abusive Constitutionalism in Hungary

Abstract

The study, using the concept of abusive constitutionalism, examines those formal and informal constitutional changes which took place after the Fidesz-KDNP coalition had come into power in 2010 and resulted in the hybridisation of the Hungarian political system. The paper, using qualitative research methods such as analysis of the relevant literature and primary resources, including the in-depth analysis of the relevant Constitutional Court decisions, comes to the conclusion that the Orbán governments first dismantled the checks and balances, foremost the Constitutional Court via formal abusive constitutional changes, and as a next step, with the contribution of the weakened and packed Constitutional Court, the government aims to eliminate the EU's legislation and intervention on the field of asylum policy via formal and informal abusive constitutional changes based on the concepts of constitutional pluralism and identity.