Suchergebnisse

Focusing on Jewishness, which is placed at the intersection of race, ethnicity, nationality and religion, the article provides a case study of the complexity of legally validated ethno-racial classifications. The case of the Jewry is chosen due to its peculiar history and contemporary experience of persecution and discrimination, the myth, and the challenging legal concept of assimilation, and the unique case of Israel, the 'official national homeland' of the Jewry offering an official definition, which may also serve as a reference point for the Diaspora.

The essay provides an overview of a debate that has been taking place primarily on the columns of a blog symposium on the prestigious constitutional law blog Verfassungsblog on constitutional restoration in Hungary. Given that Hungary is the poster child for hybrid, illiberal regimes, the discussion transcends Hungary and gives insightful additions to the illiberalism literature, targeting an audience beyond legal scholars. The starting point of the debate pertains to the classic dilemma of legal positivism vs. natural law, and in particular whether constitutional rules of dubious democratic nature can be replaced in violation of legality, for example in an extra-parliamentary democratic process. 'Hybrid regimes', or 'elective autocracies' and the phenomenon on of 'abusive constitutionalism' provide the framework and specific context of the constitutional restoration debate, as it is placed in regimes institutionalize 'hegemonic preservation', 'authoritarian enclaves' and 'bionic appointments' hijacking the vocabulary and imagination of constitutional democracy and entrenching legal provisions which remain beyond the reach of constitutional politics. The first part provides an assessment of the Hungarian institutional and political scene. The second part first distinguishes between three dimensions of the constitutional restoration-debate: theoretical, political and procedural, and subsequently discusses two focal points of the symposium: the role of constitutions in illiberal regimes and in constitutional resurrection, and the role of international and EU law as a tool for a legal revolution.

Using Hungarian case law, this essay first explores the singular potential in the anti-discrimination legal concept of 'harassment', as it is perceived under EU law, to tackle institutional discrimination. Following this, the author turns to the risks and limitations of the practical operationalization of institutional discrimination in human rights litigation, as well as the uniqueness and subsequent challenges the subjectified standards of evidence for harassment may pose for due process/fair trial, as demonstrated by harassment cases in American universities.