University:
University College London
Course:
LAWS0028 | Human Rights Law
Academic year:

2024
Views:

54

Pages:

3
Author:

N. Betz

Democracy, The Rule Of Law, And The Rise Of Populism: 'Illiberal Democracy' Within Europe Presented by: Dr Andreas Marcou (Lecturer in EU Law and Theory) Date: November 26, 2021 Overview - Introduction - Causes for the rise of populism - ‘Illiberal Democracy' Introduction  Demos v the elite  Moralized distinction  A type of political discourse  Different ideologies (from ethnonationalism to socialism) Causes For The Rise Of Populism - - Socio-economic causes of populism  Financial Crisis and Austerity  Economic uncertainty and unemployment  Immigration (increased competition in the job market) Populism: 'An illiberal democratic response to undemocratic liberalism' (Mudde and Rovira Kaltwasser, 2017, 16) - Shortcomings of democracy 1. marginalizations of demos from decision-making processes 2. Decisions entrusted to entrenched political elite 3. Representation? 4. Money in politics 5. European Union? 6. A problem of legitimacy? ‘Illiberal Democracy' Victor Orban  Liberal values lead to 'corruption, sex and violence'  Liberalism cares about solving the situation of immigrants while forgetting 'about the white working class'.  '...a democracy is not necessarily liberal. Just because something is not liberal, it still can be a democracy.  Universal principles of individual freedom and equality that liberalism advocates would destroy 'that which we can nurture in our children, the dignified old age we can give our parents, and, when possible, the protection we can give our country and culture'. Rule of Law and Judicial Independence 1. Reforming the judiciary 2. Reducing retirement age of judges: court-packing 3. Increasing executive control over the courts 4. Subject to infringement proceedings Acts against LGBT+  Refusing legal recognition of transgender people  Legislation stigmatizing transgender people: 'children have the right to their identity in line with their sex at birth'  Limiting adoption to married, heterosexual couples  Restricting diversity: children's upbringing should be 'in accordance with the values based on our homeland's constitutional identity and Christian culture'  Gender studies as 'foreign ideology' Free Speech - Example: In 2014, one of the biggest public TV channels was purchased by Andrew Vajna, who was the Government Commissioner responsible for the Hungarian filmmaking industry. Ever since the channel is creating government friendly materials. - The EU Commission Rule of Law Report 2021 affirmed that media pluralism remains at risk, as the country's Media Authority's cannot be seen as independent - Academic Freedom Conclusions  Populism and majoritarianism  Populism and dissent  Populism and rule of law/constitutionalism