CEU Electronic Theses and Dissertations, 2022
| Author | Kuhrner, Laszlo |
|---|---|
| Title | Weak-form Instruments and Weak Abusive Judicial Review - How weak-form instruments can be used to protect the democratic minimum? |
| Summary | Mark Tushnet differentiates between two types of judicial review: strong and weak. In the former courts, in the latter the legislature has the last word. Of the two weak-form judicial review lends itself more easily to exploitation to abusive judicial review. Under abusive, more precisely weak abusive judicial review, subdued courts are used to legitimate the actions and laws of an illiberal leader and aid its attacks on the democratic minimum, while trying to maintain an illusion of legitimacy themselves. In my thesis I examine trough the examples of the United Kingdom and Hungary how weak-form review tools are used in fragile and established democracies to protect the democratic minimum, and how they are exploited by courts conducting weak abusive judicial review to attack the same minimum in an illiberal regime. In my analysis I point out how the mindset and strategies governing weak abusive judicial review might be exploited by democrats to keep the democratic minimum visible during times of illiberalism and ease the transition back into a more robust liberal constitutional democracy. |
| Supervisor | Uitz, Renáta |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/kuhrner_laszlo.pdf |
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