The Case for Constitutional Disobedience
Year: 2026
Type: preprint
Abstract: With Péter Magyar’s landslide victory in the Hungarian parliamentary elections in April 2026, hopes of a return to democracy have rarely been as high as now. The electoral victory has the potential to turn into a constitutional moment for Hungary, yet it is overshadowed by a profound constitutional dilemma: Is it justified to disobey the constitution to rebuild democracy and the rule of law? I argue that constitutional disobedience may not only be justified but legally required in favour of substantive constitutional values and democratic rebuilding.
Author: Barbara Zeller
Institution: University of Graz
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W7154501902
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