@article{2018:saj:the_rule_o,
title = {The Rule of Law and Legitimacy in Emerging Illiberal Democracies},
year = {2018},
note = {The current legal changes in Eastern and Central Europe leading to
illiberal regimes are raising fundamental questions about the nature
of the legitimacy of these regimes. While constitutional democracies
rely on legitimacy originating from the observance of the rule of law,
the rule of law is challenged in countries like Hungary, Poland and
progeny. This article analyses, in particular, the lack of clear
standards in illiberal regimes, especially where the cultural traits
that underlie and animate the rule of law, in particular fairness, are
not part of the “folklore”. It then thoroughly outlines the
transformation of the judiciary in an illiberal state, followed by an
analysis of the demise of the rule of law beyond the attack on the
judiciary, and the use of legality in an illiberal state. The article
concludes that governments, while relying on certain aspects of the
rule of law in protecting their own position and their own assets,
nevertheless do not see value in following the rules of reason and
fairness for the reasons that the rule of law is valued. They rather
see it as a smoke screen for their activities that may justify them to
some, and hide them from others.},
journal = {OER Osteuropa Recht},
pages = {506--529},
author = {Sajó, András and Tuovinen, Juha},
volume = {64},
number = {4}
}