Schrödinger’s Judiciary—Formality at the Service of Informality in Hungary

Abstract

There are two contrasting claims regarding the Hungarian judiciary. The Government asserts that it is in the best shape, while many other voices label it as captured or dependent. This article shows how both of these claims can be true, depending on the interplay between formality and informality and shows how a few small loopholes allow some actors to rig the judicial system. Therefore, the Hungarian judiciary is similar to Schrödinger’s cat, which is claimed to be dead and alive at the same time.

Keywords

• Hungary
• judiciary
• abusive constitutionalism
• court packing
• judicial independence