@{MTMT:34782580, title = {Western European constitutional courts in comparative perspective 1990-2020}, url = {https://m2.mtmt.hu/api/publication/34782580}, author = {Pócza, Kálmán and Csapodi, Márton and Dobos, Gábor and Gyulai, Attila}, booktitle = {Constitutional Review in Western Europe}, doi = {10.4324/9781003399490-13}, unique-id = {34782580}, abstract = {While the JUDICON-EU research project formulated two aims (mapping the diversity and strength of judicial decisions), the results of the coding process present only one side of the story. The original data created by the project can answer the question to what extent judicial decisions constrained the room for manoeuvre of the legislation. Nevertheless, it is only one way to approach judicial-legislative relations by focusing on the constraint exerted by the courts on the legislatures. The other side of the story tells us which factors might have influenced courts and judges in taking strong or weak decisions. While there are several theoretical models which try to explain judicial behaviour and, indirectly, the strength of judicial decisions, here we will focus only on some selected models and summarize the main findings of the country studies in this respect. Keeping in mind these limitations, we will focus on three basic factors (institutional design, political context, event-related variables) which can explain judicial behaviour and ruling strength after presenting descriptive statistics on the diversity and strength of the courts’ decisions in Europe.}, year = {2024}, pages = {313-337}, orcid-numbers = {Pócza, Kálmán/0000-0002-4853-017X; Dobos, Gábor/0000-0002-6810-1866; Gyulai, Attila/0000-0003-2471-6049} } @{MTMT:34782563, title = {Constitutional review and judicial-legislative relations in established democracies}, url = {https://m2.mtmt.hu/api/publication/34782563}, author = {Pócza, Kálmán and Csapodi, Márton and Dobos, Gábor and Gyulai, Attila}, booktitle = {Constitutional Review in Western Europe}, doi = {10.4324/9781003399490-1}, unique-id = {34782563}, abstract = {This chapter presents the general aim of the JUDICON-EU research project, elucidates the relevance of the research, clarifies the research questions and contextualizes the research project. It stresses the novel approaches of the research project and highlights the innovative methodology elaborated by the principal investigator and the participants. The chapter assesses the existing literature on empirical analysis of judicial decisions with a special focus on Western Europe, outlines the structure of the volume, and clarifies which predefined questions the contributors answered. In general, this chapter introduces the JUDICON-EU research project and the volume.}, year = {2024}, pages = {1-25}, orcid-numbers = {Pócza, Kálmán/0000-0002-4853-017X; Dobos, Gábor/0000-0002-6810-1866; Gyulai, Attila/0000-0003-2471-6049} } @article{MTMT:34754928, title = {From depoliticization to politicization: three periods of thinking politically with Carl Schmitt in Hungary}, url = {https://m2.mtmt.hu/api/publication/34754928}, author = {Gyulai, Attila and Pócza, Kálmán}, doi = {10.1080/13569317.2024.2331498}, journal-iso = {J POL IDEOL}, journal = {JOURNAL OF POLITICAL IDEOLOGIES}, volume = {2024}, unique-id = {34754928}, issn = {1356-9317}, abstract = {The article connects the much discussed recent political develop-ments in Hungary under Viktor Orbán with the dynamics between depoliticization and politicization guiding the local reception of Carl Schmitt’s works. Recent developments in Hungarian politics have been widely researched, but mostly without giving due atten-tion to political thinking. The article argues that the reception of Schmitt’s works, both in academia and in public discourse, has significantly influenced political thinking in Hungary throughout the 20th century and in recent decades. By reading the history of reception, the article aims to confirm that depoliticization and politicization are not diametrically opposed in the sense that the former stands for the elimination of politics. Rather, depoliticization and politicization follow from each other, as Schmitt himself described the impossibility of neutralizing politics. Beginning with the 1920s, this article examines three periods of Schmitt’s reception and shows that, after attempts of depoliticization, Schmitt was increasingly acknowledged as an author who argues for an overtly politicized account of politics. In terms of political thinking, this last development has defined the context of Hungarian politics since the 2010s.}, year = {2024}, eissn = {1469-9613}, pages = {1-20}, orcid-numbers = {Gyulai, Attila/0000-0003-2471-6049; Pócza, Kálmán/0000-0002-4853-017X} } @inbook{MTMT:34715693, title = {Central and Eastern European constitutional courts in comparative perspective 1990-2020}, url = {https://m2.mtmt.hu/api/publication/34715693}, author = {Pócza, Kálmán and Csapodi, Márton and Dobos, Gábor and Gyulai, Attila}, booktitle = {Constitutional Review in Central and Eastern Europe}, doi = {10.4324/9781003399483-12}, unique-id = {34715693}, abstract = {While the JUDICON-EU research project formulated two aims (mapping the diversity and strength of judicial decisions), the results of the coding process present only one side of the story. The original data created by the project can answer the question to what extent judicial decisions constrained the room for manoeuvre of the legislation. Nevertheless, it is only one way to approach judicial-legislative relations by focusing on the constraint exerted by the courts on the legislatures. The other side of the story tells us which factors might have influenced courts and judges in taking strong or weak decisions. While there are several theoretical models which try to explain judicial behaviour and, indirectly, the strength of judicial decisions, here we will focus only on some selected models and summarize the main findings of the country studies in this respect. Keeping in mind these limitations, we will focus on three basic factors (institutional design, political context, event-related variables) which can explain judicial behaviour and ruling strength after presenting descriptive statistics on the diversity and strength of the courts’ decisions in Europe.}, year = {2024}, pages = {294-323}, orcid-numbers = {Pócza, Kálmán/0000-0002-4853-017X; Dobos, Gábor/0000-0002-6810-1866; Gyulai, Attila/0000-0003-2471-6049} } @inbook{MTMT:34715681, title = {The Hungarian Constitutional Court: Dialogue in practice}, url = {https://m2.mtmt.hu/api/publication/34715681}, author = {Gyulai, Attila and Pócza, Kálmán and Dobos, Gábor}, booktitle = {Constitutional Review in Central and Eastern Europe}, doi = {10.4324/9781003399483-5}, unique-id = {34715681}, abstract = {This chapter focuses on the question of to what extent has the Hungarian Constitutional Court (HCC) constrained the room for manoeuvre of the legislature in politically salient issues in the period 1990–2020. After separating three different periods of the Hungarian Constitutional Court, it explores what kind of relationship could be discerned between the political activism of the court and the strength of its decisions. One of the main findings of our quantitative research is that political polarization of the court started well before the 2010 elections and that the first court led by László Sólyom constrained less the room for manoeuvre of the legislature in politically salient issues than previously supposed in the literature. We conclude that it was rather the third court after 2010 which actively interfered in the legislative process and constrained more heavily the legislature than any other court previously. While becoming increasingly severe in politically relevant cases, the Hungarian Constitutional Court has been transformed from a cohesive one to a more divided one – well before the court-packing and struggle with the government after the 2010 election.}, year = {2024}, pages = {114-141}, orcid-numbers = {Gyulai, Attila/0000-0003-2471-6049; Pócza, Kálmán/0000-0002-4853-017X; Dobos, Gábor/0000-0002-6810-1866} } @inbook{MTMT:34715672, title = {Constitutional review and judicial-legislative relations in new democracies}, url = {https://m2.mtmt.hu/api/publication/34715672}, author = {Pócza, Kálmán and Csapodi, Márton and Dobos, Gábor and Gyulai, Attila}, booktitle = {Constitutional Review in Central and Eastern Europe}, doi = {10.4324/9781003399483-1}, unique-id = {34715672}, abstract = {This chapter presents the general aim of the JUDICON-EU research project, elucidates the relevance of the research, clarifies the research questions, and contextualizes the research project. It stresses the novel approaches of the research project and highlights the innovative methodology elaborated by the principal investigator and the participants. The chapter assesses the existing literature on empirical analysis of judicial decisions with a special focus on Central and Eastern Europe, outlines the structure of the volume, and clarifies which predefined questions the contributors answered. In general, this chapter introduces the JUDICON-EU research project and the volume.}, year = {2024}, pages = {1-27}, orcid-numbers = {Pócza, Kálmán/0000-0002-4853-017X; Dobos, Gábor/0000-0002-6810-1866; Gyulai, Attila/0000-0003-2471-6049} } @article{MTMT:33124974, title = {Do constitutional courts restrict government policy? The effects of budgetary implications and bloc-politics in the Hungarian Constitutional Court's decisions between 1990 and 2018}, url = {https://m2.mtmt.hu/api/publication/33124974}, author = {Pócza, Kálmán and Papp, Zsófia and Dobos, Gábor and Gyulai, Attila}, doi = {10.1080/21599165.2022.2126834}, journal-iso = {EAST EUROPEAN POLITICS}, journal = {EAST EUROPEAN POLITICS}, volume = {39}, unique-id = {33124974}, issn = {2159-9165}, year = {2023}, eissn = {2159-9173}, pages = {391-413}, orcid-numbers = {Pócza, Kálmán/0000-0002-4853-017X; Papp, Zsófia/0000-0001-6257-0568; Dobos, Gábor/0000-0002-6810-1866; Gyulai, Attila/0000-0003-2471-6049} } @inbook{MTMT:34161640, title = {"A király afféle izé...". Az esemény betörése Carl Schmitt Hamlet-elemzésében}, url = {https://m2.mtmt.hu/api/publication/34161640}, author = {Gyulai, Attila}, booktitle = {Carl Schmitt fogadtatása a társadalomtudományokban I-II.}, unique-id = {34161640}, year = {2022}, pages = {553-573}, orcid-numbers = {Gyulai, Attila/0000-0003-2471-6049} } @inbook{MTMT:33299033, title = {Andrej Babiš: perszonalizáción túl, plebiszciter rezsimen innen}, url = {https://m2.mtmt.hu/api/publication/33299033}, author = {Gyulai, Attila and Horváth, Attila}, booktitle = {Vezérdemokráciák a világban}, unique-id = {33299033}, year = {2022}, pages = {79-111}, orcid-numbers = {Gyulai, Attila/0000-0003-2471-6049; Horváth, Attila/0000-0001-5719-5388} } @inbook{MTMT:33286957, title = {Vezér- és vezér nélküli demokráciák, radikális és mérsékelt plebiszciter rezsimek}, url = {https://m2.mtmt.hu/api/publication/33286957}, author = {Körösényi, András and Gyulai, Attila and Illés, Gábor István}, booktitle = {Vezérdemokráciák a világban}, unique-id = {33286957}, year = {2022}, pages = {13-53}, orcid-numbers = {Gyulai, Attila/0000-0003-2471-6049; Illés, Gábor István/0000-0002-0414-7478} }