@{MTMT:34840123, title = {THE TRANSITION FROM LIBERAL TO ILLIBERAL CONSTITUTIONALISM IN POLAND AND HUNGARY: The Language of Rights and Equality}, url = {https://m2.mtmt.hu/api/publication/34840123}, author = {Drinóczi, Timea and Bień-Kacała, A.}, booktitle = {Far-Right Newspeak and the Future of Liberal Democracy}, doi = {10.4324/9781003436737-8}, unique-id = {34840123}, abstract = {Over the past decade, Polish and Hungarian political and legal actors have made a concerted effort to undermine liberal democracy and liberal constitutionalism. They have used the same liberal language of rights and equality as their countries' early leaders during the initial transition to liberal democracy after 1989/1990. But in keeping with the concept of Far-Right Newspeak, they have modified the meaning of individual rights and equality and hollowed out the terms' content. Their goals are also different. The description of institutions and formulation of rights-especially the right to equality-of Poland's and Hungary's new constitutions after 1989/1990 had great potential for securing liberal democracy, especially in providing room for legal modifications to keep up with shifts in both social and constitutional culture. However, illiberal constitutionalism, as it has been practiced in both countries over the last decade, has had the opposite goal. Illiberal constitutionalism strives to foreclose the possibility of adapting the law to the evolution of social norms. Its goal is primarily to keep incumbents in power and thereby engineer social change. This chapter will illustrate this transition with examples of two cases: the right to bodily autonomy and the rights and equality of LGBTQIA+ people. We show how political and legal actors have narrowed down the meaning of individual rights and equality through exclusion and how they succeeded in making these changes by an excessive emphasis on majoritarian politics and social homogeneity. © 2024 selection and editorial matter, A. James McAdams and Samuel Piccolo; individual chapters, the contributors.}, year = {2024}, pages = {87-105}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @{MTMT:33809248, title = {Gender Equality and Constitutional Interpretation. Hungary.}, url = {https://m2.mtmt.hu/api/publication/33809248}, author = {Drinóczi, Timea and Balogh, Lídia}, booktitle = {The Rights of Women in Comparative Constitutional Law}, doi = {10.4324/9781003349488-5}, unique-id = {33809248}, year = {2023}, pages = {50-66}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @inbook{MTMT:33299186, title = {The rise of Illiberalism}, url = {https://m2.mtmt.hu/api/publication/33299186}, author = {Drinóczi, Timea}, booktitle = {Encyclopedia of the Philosophy of Law and Social Philosophy}, doi = {10.1007/978-94-007-6730-0_1047-2}, unique-id = {33299186}, year = {2023}, pages = {1-5}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @article{MTMT:33573937, title = {The missing arc of a backlash?. Thirty years of constitutional debate on ‘women’s equality’ in Hungary}, url = {https://m2.mtmt.hu/api/publication/33573937}, author = {Balogh, Lídia and Drinóczi, Timea}, doi = {10.17356/ieejsp.v8i4.969}, journal-iso = {INTERSECTIONS (HU)}, journal = {INTERSECTIONS: EAST EUROPEAN JOURNAL OF SOCIETY AND POLITICS}, volume = {8}, unique-id = {33573937}, abstract = {The argumentation in this paper is based on the proposition that constitutions play a key role in defining the approach to women's social status, not just by determining ordinary legislation and public policy, but also through constitutional review. The focus is on Hungary, a country that is not famous in Europe for a high level of equality between men and women, surrounded by a (liberal) international political discourse which as- serts a backlash and claims that women's equal rights are being curtailed even more dur- ing the era of Orban's illiberal government. Against this discursive backdrop, the paper highlights a counterintuitive phenomenon: since the democratic transition (1989-1990) all the key constitutional disputes related to equality between the sexes have been initi- ated by men claiming instances of discrimination against men, as if women were too priv-ileged in Hungary. A relevant contextual feature is that while equal legal standing for the sexes is guaranteed (due partly to the heritage of state socialism, then to efforts related to EU integration), affirmative measures for women are also constitutionally ensured. The Constitutional Court has deployed surprisingly poor-quality reasoning in these dis- putes, suggesting that it never considered equality between the sexes to be an important issue. This leads us to claim that certain persistent features have characterized this field since the 1990s, not the dynamics of reversal since the 2010s. With our empirical find- ings, we aim to contribute to the academic discourse in a way that challenges the back- lash narrative in from a}, keywords = {Hungary; gender; nursing; constitution; equal treatment; backlash}, year = {2022}, eissn = {2416-089X}, pages = {112-131}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @inbook{MTMT:33229851, title = {Illiberalism}, url = {https://m2.mtmt.hu/api/publication/33229851}, author = {Drinóczi, Timea}, booktitle = {Encyclopedia of the Philosophy of Law and Social Philosophy}, doi = {10.1007/978-94-007-6730-0_1047-1}, unique-id = {33229851}, year = {2022}, pages = {1-5}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @inbook{MTMT:33209481, title = {12. Decision 45/2012. (XII. 29.) AB. Transitory Provisions}, url = {https://m2.mtmt.hu/api/publication/33209481}, author = {Drinóczi, Timea}, booktitle = {The main lines of the jurisprudence of the Hungarian Constitutional Court}, doi = {10.5771/9783748929826-227}, unique-id = {33209481}, year = {2022}, pages = {227-242}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @article{MTMT:33152439, title = {Illiberal Constitutional Courts of Hungary and Poland}, url = {https://m2.mtmt.hu/api/publication/33152439}, author = {Drinóczi, Timea}, journal-iso = {PANSTWO I PRAWO}, journal = {PANSTWO I PRAWO}, volume = {10}, unique-id = {33152439}, issn = {0031-0980}, year = {2022}, pages = {3-25}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @misc{MTMT:33152379, title = {Sham and Smokescreen. Hungary and the Rule of law conditionality mechanism}, url = {https://m2.mtmt.hu/api/publication/33152379}, author = {Drinóczi, Timea}, doi = {10.17176/20221005-230334-0}, unique-id = {33152379}, year = {2022}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @inbook{MTMT:33135551, title = {Szuverenitás. A "Hol a helyünk" kérdés értelmezése a szuverenitás, identitás és jogállamiság hármasában 2022 elején}, url = {https://m2.mtmt.hu/api/publication/33135551}, author = {Drinóczi, Timea}, booktitle = {Kukorelli-kommentár}, unique-id = {33135551}, year = {2022}, pages = {399-404}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} } @article{MTMT:33091378, title = {The (non)-Ratification of the Istanbul Convention by Hungary. Lessons to be Learned}, url = {https://m2.mtmt.hu/api/publication/33091378}, author = {Drinóczi, Timea and Balogh, Lídia}, doi = {10.5771/0030-6444-2022-1-42}, journal-iso = {OSTEUROPA RECHT}, journal = {OSTEUROPA-RECHT}, volume = {68}, unique-id = {33091378}, issn = {0030-6444}, abstract = {This paper focuses on the erosion of the consensus around the Istanbul Convention due to the political obstacles to its ratification process in particular EU Member States. We warn that a black-and-white approach does not assist to understand the situation. Instead of conceptualising the rejection of the Convention as a “backlash” phenomenon, a more nuanced analysis is needed, especially in light of the ongoing EU legislative project in the field of combating gender-based violence. We first identify four main types of concerns regarding the Istanbul Convention on the international level: conservative, libertarian, “across-the-aisle” anti-feminist, and mainstream feminist concerns. Second, we consider the prevalence of these types of concerns in the Hungarian discourse, raised by the key political and civil society actors. Hungary provides an essential case study not only because of its role as a non-ratifying state and as an opponent of the EU-ratification plan but also due to the emergence of an additional (fifth kind of) concern related to the issue of migration (and asylum) in its discourse. Furthermore, the change in political situation in Europe since the adoption of the Convention in 2011 cannot be ignored. We believe that the analysis of the Hungarian discourse, may contribute to understanding the criticism towards the Convention and, as a consequential effect, facilitate the EU’s legislative efforts in the relevant fields.}, year = {2022}, pages = {42-60}, orcid-numbers = {Drinóczi, Timea/0000-0002-7657-3572} }