Judicial Populism and the Weberian Judge—The Strength of Judicial Resistance Against Governmental Influence in Hungary
Bibliographic Data
| ID | 21971600 |
|---|---|
| Authors | Matyas Bencze (0000-0003-3234-0440, University of Debrecen, corresponding author) |
| Year | 2021 |
| Volume | 22 |
| Issue | 7 |
| Pages | 1282-1297 |
| Publication date | 2021-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | German Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 2071-8322 • E-ISSN: 2071-8322 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/glj.2021.67 |
| OpenAlex | W3210579010 |
| Language | EN |
| Citations received | 7 |
| References cited | 2 |
The Hungarian judiciary has reacted to the political change of recent years in a twofold way. Some judges have resisted political pressure and decided cases according to the law and their conscience, while others, showing the signs of judicial populism, have deferred to the interests of the government. The paper explains the relationship between this twofold behavior and the bureaucratic tradition of the Hungarian justice system. The conclusion is that the bureaucratic model of organization has certain features that can make judges more resistant to political pressure, while other elements of the model can lead to judicial deference. Nonetheless, these latter elements are not necessary components of the ‘Weberian’ justice system
Bureaucracy · Deference · Economic Justice · Judicial activism · Judicial deference · Law and economics · Political science · Politics · Populism · Sociology · European and International Law Studies · Judicial and Constitutional Studies · Law
Attack or reform
Judicial Populism and the Weberian Judge—The Strength of Judicial Resistance Against Governmental Influence in Hungary
On judges when the rule of law is under attack
Judicial resistance and the virtues
The Role of Judicial Associations in Resisting Rule of Law Backsliding
Judicial Populism
Explaining judges’ opposition when judicial independence is undermined
| Citations per year | 1.4 |
|---|---|
| Citation span | 2021 - 2025 (5) |
| Highly cited | No |