Abstract

BENCZE, Mátyás. Explaining Judicial Populism in Hungary - A Legal Realist Approach. Iuris Dictio [online]. 2020, n.25, pp.83-96. ISSN 2528-7834.  https://doi.org/10.18272/iu.v25i25.1635.

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.

Keywords : Judicial Populism; Judicial Formalism; Theory of Adjudication; Political Populism; American Legal Realism; Hungarian Judicial Practice..

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