Illiberalism in Hungary and Poland – reinterpreting sovereignty and nation

Against the background of our research on illiberal constitutionalism, and the emerging literature on illiberalism as a phenomenon and based on the recent formal and informal constitutional changes and related jurisprudence mainly in Hungary and Poland, this paper argues that one of the characteristics of illiberalization, which potentially could lead to illiberal constitutionalism in an EU Member State, is that it does not start with a ready-to-use blueprint. This design needs time to be developed, through abusive (illiberal) practices, which at a certain point is not only a practice anymore but ends up with a formal or informal illiberal constitution. Beyond the already detected features of illiberal constitutionalism, another critical characteristic of the emerging illiberal constitutional design and illiberal ideational content of the illiberalism is that the pre-illiberal remodeling applied (more) liberal approach to human rights and nationalism has been reinterpreted.