The Liberation of Illiberal Democracy: On Limits of Democratization after the Authoritarian Backlash

Priban, Jiri ORCID: https://orcid.org/0000-0002-4760-6734 2023. The Liberation of Illiberal Democracy: On Limits of Democratization after the Authoritarian Backlash. Bobek, Michal, Bodnár, Adam, von Bogdandy, Armin and Sonnenvend, Pál, eds. Transition 2.0: Re-establishing Constitutional Democracy in EU Member States, Baden-Baden: Nomos, pp. 33-58. (doi.org/10.5771/9783748914938)

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Abstract

In this chapter, I argue that this hypothetical situation represents another specific type of transition which could be described as the liberation of democracy from illiberal policies. I claim that a hypothetical electoral victory of the liberal opposition would not amount to the regime change associated with the process of post-authoritarian democratic transitions as it is likely to fall short of what Linz and Stepan describe as a general social and political consensus. Newly elected government will not have the authority to generate sweeping institutional and personal changes across the executive, legislative and judicial power. Policies typically described by Bellamy and Castiglione as transformative constitutionalism will be limited due to the absence of general societal consensus and persisting political, economic, social and cultural divisions. The process’s finality is the re-establishment of constitutional democracy, yet it should not be mistaken for a simple political enforcement of status quo ante. After removing illiberal politicians from power in democratic elections, new post-illiberal government, indeed, will have to restore the constitutional rule of law and institutional checks and balances of democracy. However, this general telos has to go beyond the constitutional restoration of the post-1989 political and societal order and all measures taken to address illegalities and abuses of the constitutional rule of law will have to rigorously comply with constitutional and democratic values as much as laws of the EU.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Publisher:	Nomos
ISBN:	9783748914938
Last Modified:	18 Jun 2024 16:45
URI:	https://orca.cardiff.ac.uk/id/eprint/166639

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