Explaining Judicial Populism in Hungary - a Legal Realist Approach
DOI:
https://doi.org/10.18272/iu.v25i25.1635Abstract
In Hungary, some judges tend to decide cases in a way they think is popular among ordinary people. I call this phenomenon "judicial populism". First, by analysing three cases I argue that the plausible theoretical framework of explanation of populist tendencies in Hungarian adjudication is the American Legal Realism. Then I examine the characteristics and possible explanation of judicial populism and its relation with the political populism.
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