Senior Project Advisor

Cynthia Horne

Document Type

Project

Publication Date

Spring 2022

Keywords

Hungary, Poland, Judicial Independence, Judicial, Judicial Autonomy, Eastern Europe, Post communist, Supreme Court, Judicial Review, Separation of Powers

Abstract

What can the Hungarian and Polish experiences teach us about the processes of decreasing judicial independence, and how does a decrease in judicial independence affect judicial trust and quality of governance? This paper process-traces the erosion of judicial independence in Hungary and Poland from 1989-2021, highlighting different mechanisms that lead to decreases in judicial autonomy. The cases show that formal reforms and informal changes to the membership of the judiciary are both effective at decreasing the independence of the judiciary. The data does not support that these changes lead to significant changes in judicial independence or quality of governance. The popularity of the governments enacting these reforms is a potential explanation for this lack of a significant relationship.

Department

Political Science

Subjects - Topical (LCSH)

Judicial independence--Hungary--1989-2021; Judicial independence--Poland--1989-2021; Hungary--Politics and government--1989-2021; Poland--Politics and government--1989-2021

Geographic Coverage

Hungary; Poland

Genre/Form

essays

Type

Text

Rights

Copying of this document in whole or in part is allowable only for scholarly purposes. It is understood, however, that any copying or publication of this document for commercial purposes, or for financial gain, shall not be allowed without the author’s written permission.

Language

English

Format

application/pdf

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