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Dossier

No. 25 (2020)

Explaining Judicial Populism in Hungary - a Legal Realist Approach

DOI
https://doi.org/10.18272/iu.v25i25.1635
Submitted
February 4, 2020
Published
2020-05-17

Abstract

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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