Limiting freedom of expression in backsliding democracies in the context of historical policy

The paper demonstrates how specific elements of deliberate assault on democratic standards contribute to limiting freedom of expression in the context of historical policy. First, it explores how subordination of constitutional court disables independent review of legislation limiting freedom of expression. Second, it explains how subordination of prosecution service leads to discriminatory legalism on an example of legal harassment of individuals who share in public historical narratives that are inconsistent with historical interpretation that authorities prefer. Third, it discusses the impact of a broader turn away from and direct challenging of international human rights law standards. This paper will draw on examples from Poland and Hungary. The paper evaluates these developments from the human rights law standpoint.